Ninevah Journal for Legal Studies

One of the basic goals that every legal system seeks is security in all its fields, especially legal security that achieves a degree of relative stability and stability for legal centers and the ability to anticipate matters in advance and plan future relations, and providing legal security depends on the extent to which legal texts respond to the requirements of emergency conditions and justice. The law also expresses the needs of society, which by their nature are in continuous and permanent development, and in return the legislator must respond to these developments that may affect the solidity of the postulates of legal texts, to amend the texts according to exceptional circumstances that cannot be expected when drafting the texts, legal security or legal stability is not It means stagnation and lack of amendment in the legal texts. Rather, this stagnation and lack of change may be a description of instability, because the law in turn requires appropriateness with the needs of society, whether social or economic. Continuous development with these needs requires us to refer to the theory of emergency conditions and the requirements of justice that aim at fairness. Mutual justice that grants all members of society legitimate trust .

There is a dialectical relationship between the principles of jurisprudence and the law that can only be understood by those with a grip. Rather, for a practitioner of the two sciences together, not to mention its various applications. The secret is due to the lack of independent assets in the sense of the rules of the law; That is why many Arab universities resorted to studying the principles of Islamic jurisprudence in detail, and the likes of Harvard University in America did not ignore it.In order to establish this principle, this study was devoted to the topic of prohibition, due to the large number of dealings with it legally.

This research deals with the legal situation of the actual Air carrier in accordance with the Gualala Guadajara convention 1961 and Montreal convention 1999 which define and distinguish the air carriers who carry out air transport operations. The study then clarifies the provisions that regulate the liability of the contracting and actual carrier.

The financial return which is represented in the value as a general source from the contracting terms and which the administration cannot adjust by its own will, it’s a basic right the contractor takes from the general jobs contract, after the administration makes sure that the execution has been done according to the agreed upon terms, otherwise the contractor deserves a reimbursement of the administration's non commitment of the obligations to pay the amount.

The number of crimes that threaten the life of human has been incredibly increased over the last decade. Most of countries did not pay enough attention to the risks of terrorist attacks until the incident of 11 September on 2001 in New York. The risk of terrorist activities has dramatically increased in many countries worldwide including Iraq, which witnessed a massive wave of such activities that took the life of thousands of civilians especially after the control of ISIS over important cities on 10/6/2014. Having excluded from the scope of this paper the damages that occurred on the government and its assets, the focus will be done on the legal questions concerning the damages of civilians in their life and properties under the responsibility of the Administrative authorities in keeping the public security and order. The research question will be mainly related to the legal nature of administrative authorities liability, and over which basis such a liability is established?Some have gone to consider such a liability on the basis of wrong act; whereas others have linked it to the administration’s accountability without a wrong act, which is called the theory of risks. On the other hand, there is another school of view that build such a liability on the basis of social solidarity, and others establish the responsibility in this case on the basis of law provision.Regarding the legislative perspective, a number of legislations have enacted in France, Egypt, and Iraq addressing this issue. In Iraq, the law of compensating the victims of military operations and mistakes and terrorist activities No (20) on 2009 has been passed by the Parliament. This law provided a comprehensive remedy for all types of damages including the financial compensation and non-financial compensation in a way that exceeds the level of laws in other counterpart countries. In this regard, it is suggested that Iraqi legislature should establish a central treasury for the compensation of victims and facilitating the process of donation by the public.

Without a doubt, the family constitutes the basic nucleus of society, as it is the first seed through which society is formed, which soon becomes societies and then states, but some cases may emerge that constitute a violation of the family, so the phenomenon of domestic violence has emerged which undoubtedly poses a serious threat to the lives of individuals, whether they are male or female, and this phenomenon takes different forms, including killing, whether by drowning, poisoning, beating, or by means of threats, which inflict a psychological trauma on the victim. And since our research deals with legal issues- whether national rules or international legal rules- we will not dwell on social issues, but the focus will be on the legal rules that expose the wife to violence as a member of the family without the other members of the family.

The idea of electronic inheritance is one of the jurisprudential issues that appeared on the scene recently during this decade due to the massive and rapid development in the information technology network and its various applications to the extent that this era was described as the digital age, which made it imposes patterns of behavior and culture, so the individual has accounts and electronic financial and other assets. Financially, it sparked controversy about the fate of these accounts after the death of the user, so this necessitated finding jurisprudential and legal solutions that determine the fate of the electronic legacy within frameworks consistent with the general rules of inheritance as well as the rules related to the human right to private life, so the concept of electronic inheritance and determining the provisions for the transmission of this estate. Inheritance is the subject of our research for this study, in the hope of alerting the Iraqi legislator and users of electronic services to the need to take care of the issue of electronic inheritance, with the need to organize it in a way that takes into account the interest of the user and the heirs, in order to enhance confidence in the means of the digital age that continues in its massive development.

Real estate services are a modern economic legal phenomenon that has evolved over time until it has become presently in the form of real estate-related services provided to owners, as they are agreed upon through the conclusion of court contracts even during the sale of the property. And the issue of adaptation is one of the important issues in the legal scope. Determining the nature of the legal relationship and its response to a specific legal system is a fundamental matter that must be considered in order to determine the legal rules that govern it. Therefore, this identification process has been termed (adaptation). The legal description may differ from one issue to another, but it may differ in one case that may raise many problems. Is the real estate contract included under the description of the sale contract, the lease contract, the contracting contract, or the supply contract? And that all these issues will be discussed and resolved.

The counter administrative decision is the only way for the administration to end its legitimate administrative decisions that generate acquired rights. This new administrative decision will cancel or modify the sound administrative decision that produces the previous legitimate effects, provided that its effects go to the future only. The public and its facilities, and the immunity of the decision means that it should not be violated. For this reason, jurisprudence and the administrative judiciary have unanimously agreed to adopt the theory of the counter-administrative decision and the legal basis for its adoption, in the first degree, is the public interest and the change in real or legal circumstances, which calls for reconsideration of previous decisions.

The medical profession requires the doctor to be merciful and to make the utmost effort and care to heal the patient. This is what is required by the established principles of the medical profession. The problem arises due to the establishment of medical liability in the event that the doctor commits some medical errors to the patients and the damage caused to them requires compensation.There are sensitivity and accuracy in this type of treatment and the provision of modern medical tools and devices that it requires, and the technical developments that accompany medical sciences are based on modern treatment methods which require the accuracy of examinations and samples to avoid the large number of errors. As for the physician’s responsibility, the injured patient has the right to claim compensation for the material and moral damages he sustained as a result of the physician’s mistake. As long as the contractual liability is the essence of the telemedicine contract, as soon as the doctor violates his obligation in the subject of the contract, the civil liability of the doctor rises and he cannot get rid of it except by proving the foreign cause.

The impact of the gift of debt on projection and ownership is clear in that both projection and ownership are considered a unilateral act issued by the sole will of the creditor without its origin dependent on the debtor’s acceptance, as the creditor donates his debt and discharges his debtor from him, and thus the debtor’s liability is transformed from negative elements into Positive elements and it comes in the sense of forfeiture and removal, and this leads to the waiver of the established rights in the responsibility, and it is consensual in which the satisfaction of the creditor suffices and does not need a formality. The right reaches the knowledge of the debtor. Forfeiture by the creditor\'s own will is not like the compulsory forfeiture in which the creditor\'s right is forfeited as a result of not claiming his right for a certain period of time specified by the law.As for ownership, it is also a unilateral act by which the creditor transfers the ownership of a specific thing to another person of his own free will and does not need a specific formality unless the law stipulates that. It also means stability and firmness and its effects follow if it arises correctly, and it is binding on the donor creditor without the debtor. Islamic jurisprudence paid great attention to the issue of ownership and ownership and its organization and clarified its causes and types. While we see that the Jordanian civil law did this by referring to Islamic jurisprudence and the opinions of Muslim jurists, therefore we hope that the Iraqi legislator refers to it in his current law.