Basra studies journal

Real security has not been regulated by the legislator, although there are many writings on personal and real insurances, it does not receive the attention of the jurisprudence. Therefore, the study aims at determining the legality of real security of which the real surety shall give real insurance to the creditor representing in a property as a surety of the debt owed by the original debtor. The methodology is to mortgage this property as insurance mortgage if the property is real estate or a possessory pledge if the property is real estate or movables. Hence, the real surety is a kind of insurance of another debt and a mortgage of certain property. In the pursuit of determining the legality of real security is necessary to define a type of obligation upon the real surety and kind of insurance in order to state the applicable rules of the real surety.

The aim of the study is to define the competences of the constitutional judiciary in examining the horizontal balance between the legislative and executive authorities and the extent to which these powers influence the establishment of the principle of balance. The study also aims to identify disputes between the legislative and executive authorities, Examine the conformity of the work of the two authorities with the provisions of the Constitution, and prevent one authority from exceeding the powers and functions of the other.
In order to achieve the objectives of the research, the researcher followed the comparative analytical descriptive approach and reached a set of results, the most important of which is that the Federal Supreme Court of Iraq, and through its supervisory competence contributed to the establishment of the principle of balance between the legislative powers, but on the other hand violated the principle of balance.

The gang is a dangerous phenomenon quickly in the present time where 60-70% of the crimes are committed by gangs Hence this study is an attempt to attract the attention of the Iraqi legislator to the seriousness and the large associated legislative movement in different countries. .
lt may be defined as an armed criminal group whether or not a secret armed group whether local or international consisting of several persons but not less than three which are not required to be professional and whose intent is to commit a felony or misdemeanor and they work in a framework of coordination to accomplish their criminal objectives
this criminal phenomenon is characterized by many stages of its work in order to reach its criminal goals it must pass the first stage without being caught by the security forces so that it can then carry out its criminal activities and to the danger that some of the legislations have banned them in their own right.

The commitment of the carrier to ensure the safety of the passenger by conveying it to the agreed place is intact and is one of the most important commitments of the air transport contract. International conventions and internal legislation, including the Iraqi legislature, have not been obliged to ensure safety, but they have maintained the safety of the passenger during transport. The carrier shall ensure the safety of the passenger regardless of the medium used in the transport or the return for transport.
The 1929 Warsaw and Montreal Conventions of 1999 and the domestic legislation of the comparator countries - Egypt, the United Arab Emirates, and Iraq - have arranged a commitment to the carrier that includes the proper delivery of the passenger to the destination. This commitment to ensuring the safety of the passenger arises in the carrier\'s custody through the time it takes to carry out the contract. The passenger is bound to board the airport and pass it to and from the aircraft. The air carrier is committed, under the contract of air transport, to the safety of the passenger until reaching the destination at the agreed time. The boarding begins from the moment the passenger leaves the waiting area For travelers from the airport buildings, enter the airport dish heading to the plane until it snaps into the combine, and continue during the period of the flight, and begin landing in return process since the start of the passenger to disembark from the plane, and crossed the airport dish, and even entering the awards where the audience resides
The jurisprudence differed as to the nature of the commitment to ensure safety in the contract of air transport. Some of them see it as a careful commitment in which the carrier is committed only to the required care, and some of them believe that it is more likely to be a result. In the case of the commitment to achieve a result, And that the carrier was evaded and the carrier could evade responsibility only by provoking the foreign cause, and the legal legislation in comparison pointed out that the commitment to safety in air transport is a commitment to achieve a result.The liability of the contractual air carrier is based on the presumed error on the air carrier side and damage should be done to the passenger so that compensation can be claimed. The air carrier is guilty of carrying out its commitment to ensuring the safety of the passenger if he fails to prove his fault, Warsaw to report the invalidity of the conditions of exemption from liability and the cancellation of the conditions of exemption from liability or mitigation of the limit set in the air carrier agreements to the conditions laid down by the parties at the stage of conclusion of the contract, and the legislation required the air carrier to ensure liability in the contract Air transport which ensures all injuries to the passenger in order to obtain compensation without jeopardizing the risk of non-availability of compensation by the offender (air carrier(.
In order to get acquainted with the subject of the research, the study was divided into two chapters, in the first chapter, we discussed the concept of the commitment to ensure safety in the contract of air transport. The second deals with the legal basis for the commitment to ensure the safety of the passenger In the contract of air transport and its legal nature, and dealt with in the second chapter the provisions of the commitment to ensure the safety of the passenger in the contract of air transport, and divided into two sections, we devoted the first to the effects of violation of the commitment to ensure the safety of the passenger in the contract of air transport, We have reached, at the end of our study, a number of conclusions and recommendations, including explicit provision for moral damages, in the Iraqi Transport Law. The text shall be as follows: (The carrier shall be responsible for the physical and moral damage to the passenger during Implementation of the contract of carriage and nullifies any agreement that exempts the carrier in whole or in part from such liability), the distinction between the passenger line alone and the common fault of the absence of liability

Due to the spread of the use of modern technological means in all areas of life, especially in the field of communication and information transfer, people in different countries can deal with each other without the need to move and overcome long distances, and the resulting problems arising from the use of modern means and anxiety that accompany these transactions and how And their relation to their people to determine their rights and obligations to settle transactions in all societies, as well as the spread of illegal acts through these means and the consequent difficulty of proving, and highlight this difficulty if the relationship is tainted by a foreign element , which requires the definition of the law of proof that proves the electronic fact under which it is proved, and the applicable law on the burden of electronic proof should be determined in light of the difficulties facing the application of the general rule in the burden of proof on electronic evidence. Evidence of legal acts and electronic material facts in the absence of reference by the legislator to the law governing them
The conditions of this incident distinguish between the substantive conditions that are subject to the law of the subject because they are more relevant to the case in question, and the legal conditions that are subject to the judge's law for communicating with the formation of the conviction and belief of the judge. The burden of electronic proof as a substantive rule of electronic evidence is subject to the law applicable to the subject. However, the law of the judge intervenes and governs the burden of proof in the case of adapting the burden of proof and disclosure of implied will, as well as in the case of the foreign law referred to
As for electronic evidence, we also distinguish between evidence of electronic legal action and evidence of electronic legal facts. Evidence of electronic legal action is subject to the law of the place of conduct, with the adoption of the law of the judge if the evidence is easier than the evidence of the conclusion of the conduct by reference to the text of article (13/1) of the Iraqi Evidence Law on Traditional Proofs, in light of the legislator's failure to mention the issue of law applicable to electronic evidence, despite the importance of this evidence for the proliferation of electronic transactions in various fields Members from different countries. Evidence of electronic legal facts is subject to the law applicable to the subject in the absence of the role of the Iraqi legislator to determine the law applicable to evidence of legal facts

Must know that the issue of violence and bloody conflicts in the life of human societies is not rare , great changes and turns are often associated with bloody events and conflicts , but it is rooted in the depths of history the polytheists were extreme exaggerators in their evil pagan creed they were lying to the truth and they were being witnessed, they opposed the facts by believing in illusions , therefore we find that each of unstable person belongs to the origin of ignorance: either the denial or opposition . and survived from these two sins due to injustice or ignorance: and the injustice of the highest in the land of the truth of this religion and combination of evil is injustice and ignorance , and the combination of the good is science and justice , and the observer of the extremist and people of extremism finds them on the prepetition of the ages combined by common denomination and link them certain characteristics and differentiate clear descriptions are steadily among them, through this we find between good and evil separates distinguish between them and evil in various forms and images highness in the same evil images , including terrorism throughout the ages , so we chose to be our research in this phenomenon since its inception in the heavenly law until the present day.

The control of the financial aspects of political parties is to examine the financial activity of the parties, whether revenues or expenses, including the elements of financial viability of political parties as well as an assessment of its financial activity to find out if there were irregularities or not.
The legal systems have different doctrines in terms of determining how to control the financing of political parties, especially with regard to the identification of the bodies based on such control in terms of their legal nature, the guarantees of their members, their independence and their supervisory powers. Some of these systems have given the authority to control sources of funding of political parties to administrative bodies, The other has given this control to the independent authorities of all countries.

Since its inception, diplomatic relations have been based on principles and basics that have made diplomacy a method, method and profession with diverse functions, all these principles and principles have been based on one basic rule, which grants diplomats certain and specific immunity and privileges aimed to ensure the effective full performance of diplomatic missions extent and to achieving their objectives of managing the foreign affairs of States and promoting friendly relations among them.
However, reality and international dealings have created new reality, such as the abuse of diplomatic immunities and privileges by those who enjoy them, the exploitation o them to commit acts that threaten the security of the host State, the most prominent of these acts is the carrying out of espionage activities, which has generated adverse reactions in the host countries, which in some cases led to the destruction of the privileges and privileges enjoyed by the diplomatic envoy. States have adopted these actions according to the considerations of protecting their national security, safety, and sovereignty. There is no doubt that there are two interests that must be reconciled: the interest of the diplomatic mission and the diplomatic envoy to enjoy the privileges and privileges necessary for the proper performance of its functions, And the interest of the host countries in not affecting these immunities and privileges on the security and sovereignty and the requirements of its internal public order on the other hand.