Journal of Legal Sciences

As an attitude for obtaining discount debt, it is habitual at banks to asylum to the reversing entry in the agent's account opened with them, as a method of gaining the discount debt that was arisen because of inability to collect the value of the discounted commercial paper. Such bank collection approach is characterized as easy accounting measures by one hand, and on the other hand it would avoid the discounting bank form crowding out the discounted creditors.Such bank refund manner raises the question about its legal basis under legislations that have not got such technique like the Jordanian, syrian and Lebanese law that are similar to the French law. Whereas the modern Arab discounting commercial legislations stipulate clearly that if the discounting outcome of a commercial paper was registered in a current account and its value was not paid before the deadline: the right will be given to those who discount the paper to cancel the entry by performing a reversed entry even after sentencing bankruptcy of paper provider. But it is noticeable that even modern legislations have not clarified the fundamental characteristics to that reversed3entry and have not indicated the details of the legal conditions for the bank technique to collect discounting bank debts.These legislative deficiencies will be the core of our research study in order to fill the legal gap by one hand, and to clarify the bank legal attitude on the other hand.

Of contracts that commercial life grew richer and development, financing contract (in question) for related private nature distinguishes it from the rest of the contracts, whether in the options enjoyed by the project beneficiary (lessee) at the end of the contract period, or the contents of the items include the rights and obligations The special conditions between the parties to the contract, or in terms of prescribed safeguards for the money financing company (leased) invested, whether public legal guarantees, or a special agreement, and the most important guarantees of indirect (penalty clause) in exchange for facilitating the industrial, commercial and service projects financing. It is then the very the finance company is very purely financing the company is entitled to use all these guarantees are approved by the general rules of the lessor to ensure it meets the rental value of the tenant, because it does not conflict with the nature and specificity of financing contract by way of leasing.

Possible to hold the update, ownership, operation and transfer of ownership MOOT)) to impose itself on the ground, an economist at many countries - especially developing countries - because of the benefits achieved by; where you get governments when its contract with the investor - is called here the project company - under MOOT formula)) on renovation projects list and providing them with the most modern technology Pmaajolha more able to provide services of great quality and efficiency without weighing its budget so the cost; in addition to that it will provide external funding by encouraging foreign and domestic investment and the transfer of financial risk from the shoulders of the state to the shoulders of the private sector and the end of the contract term of these governments will receive a complete project ready inoperable with obtaining guarantees from the investor after he left during that period from a strategic point under the supervision and follow-up.Accordingly; the present study was to show intended to hold the M.O.O.T)) and its characteristics and nature of the legal advantages and risks faced by the governments of the countries when linked with the investor in this type of contract and guarantees by which you can mitigate the effects of these risks.

International Criminal Justice is facing an increasing number of challenges, including a large number of non-international armed conflict ,for various external objectives ,The search will attempt to answer the Central problematic questions down to the following: Why the individual criminal responsibility attributing on those individuals who drive armed conflicts committee within it grave violations committed, while did not attribute the same responsibility on who support the armed groups as well as motive to make of non-international armed conflicts fuelled by external tools ,in the other word by proxy war ? Are the public international law in General and international criminal law, especially facing of separation and fragmentation, allocates responsibility States supporting armed groups, in other word, that responsibility for interference away from the natural result (ancillary) to load the same States officials about any individual criminal responsibility? could a count that fragmentation undermines criminal justice that are supposed to govern all situations that can cause serious violations of international humanitarian law? Questions in the above other ,will be subjected and searched down to identify impediments to international criminal justice in direct and indirect responsibility of States and individuals.

Media and all of its means fall within the most fundamental freedoms in the present day since it per se constitutes the decisive means of defending the social factor through strengthening the sphere of its exercising the freedom of expression and thought leading to make the contemporary systems give peculiar care in the legal language. This stream has been adopted by the Algerian Lawmaker since the independence during which all successive Acts has settled on the adoption of this freedom even if it has been disproportionate in its significance or in the method of its scrutiny.At present, the State considers Media a real key for solving all crises because of it having a set of components as information, news, speed, communication and influence that makes it a strong means of pressure for the purpose of drawing and orienting the public life with all of its economic, political, social and

The parliamentary research and information centers help to provide the Technical Support to Parliament in accordance with the democratic principle and equality between public bodies. that success requires ensure independence, and continuity of the centers and quality of work and cooperation with Representatives, and the reduction of Partisan and sectarian pressures. That is strengthens the competence of the Parliament in legislation and supervision in the field of national defense, foreign and economic policy.

The investment issue is considered as the most important issues in which the Iraqi legislature has been interested. The latter has often failed to support and develop such issue under the full policy of isolation that Iraq had lived in for decades of time, and which leads him, throughout the main changes that happened in Iraq and still ongoing, to try to attract and activate the investment as the most important way to support the development issue, to boost the national economy and to achieve the most benefits in order to develop the infrastructure of the country and convoy the technological developments experienced by the world today.There are many motives and objectives that the legislature sought to achieve through the legislation related to the investment. They reflect the most important issues that concern the community, such as the unemployment issue, the creation of job opportunities, the transfer of technology and expertise as well as the protection of the investors' rights and the rehabilitation of the private sector.Accordingly, in our research, we highlighted the extent of the success of the legislative policy pursued by the Iraqi legislature in respect with the investment and whether such policy has provided the means that ensure the achievement of its objectives? Thus, our research focuses on the study of the most important objectives of the enforceable investment laws and the possibility of their achievement as well as the negative impact on the national economy in the event of failure of their achievement.Our study is divided into four sections: the first one focuses on the unemployment issue and the creation of job opportunities; the second concerns the technology transfer; the third is related to the protection of the investors’ rights and properties; and the fourth explains the rehabilitation and encouragement of the private sector; and finally a conclusion in which we pointed out the most important consequences and recommendations that we have reached.

Under Iraqi law and English law, the rules of contractual liability are not of public order. As a resul, the parties of contract can agree to amend these rules by including the contract an exclusion clause of contractual liability in favor of one of contractors in specific cases. Such this clause often involves a balancing of the competing interests of consumer protection and freedom of contract.The exclustion of contractual liability, under the Iraqi law and English law, can be totally or limited. However, the conditions of validity of exclusion clauses of contractual liability are not identical under the Iraqi law and English Law.

dividesthe company'scapital contribution.nd limited to stocks really represent the shareholder as an owner of her, he may act in his name selling gift of the commandment, and has disposed of Brhnha security for a debt from his trust andprovides law firms onthe typesof stocks, different way Nqlh stocks for the transfer of movable tangibles to the special nature of the shares and its contacts acapitalcompany,and assessedn stocks rightofredemption rights as the rest of the shareholders may recover the shares sold by one of the contributors is close to the right of first refusal on the property valuable civil law.

The equalization principle in handling public service is one of the most important principles from the practical view due to it is considered the first line to ensure getting all the citizens their right to have public service according to quality and equal chances in addition the public employer should have his freedom as a citizen

The protection of intellectual property is one of the most topics that raised and still a great interesting in both national and international laws< especially after the emergence of new types of works to spread the creations of mind by various methods of modern communication, such as computer programs and databases, radio and satellite television as well as the internet, which plays an important role in the spreading of a lot of literary and artistic creations. And this protection has represented by enacting the necessary domestic legislation to provide protection or by amendment these legislations in order to be more suitable to the modern commutations means to spread the various literary and artistic works, by the way which achieves the benefits of the authors through the recognition of their financial and literature rights of the work and protection it, in order to find the suitable status for creativity and to protect their works from illegal copying. The preventive protection of copyright one of the most important legal means by which to prevent the assault on this right, and this protection is (sum of temporary and reservation procedures that the author can use them- according requesting to the competent court – to get judicial decision to stop the assault), and this protection is before the civil protection which represents by the right the author to arise law suit to get the compensation (civil penalty).

Social security has a vital important in contorting expected danger and reducing their impacts , there is a necessity to market social security rules against potential dangers to ( laborer & employer ) these dangers maybe suddenly and unexpectedly happened social security rules provides protection against financial loss which care for (laborers & environments ) and whatever labor syndicates demand for the rights of them when the loss or decreased for liability to pursue work such as (work and occupational disease ) .

The securitization of force in the traditional financial institutions and financial instruments on a large scale; due to the achievements of the advantages of quality in financing operations, offset by the term securitization in Islamic financial institutions. The present study describes the securitization relationship wire transfer right through the statement of the appropriateness of applying the provisions of this transfer on securitization, in a comparative framework between the Islamic jurisprudence and law of Jordan; in order to come up with results and recommendations that will avoid the shortcomings that marred the legal system governing the conduct securitization process through Money right. The study has shown that the framework of jurisprudence and the legal process of securitization lies in this assignment; as a legitimate means to transfer ownership of the assets of the initiator of securitization (the local original creditor) to the source to him (the new creditor assignee); as well as convenient provisions applicable to securitization. Fiqh al-Maliki has himself leave the assignment of rights to certain conditions under the name of selling religion change the original creditor, and Islamic financing instruments of the law and the rules of the Jordanian text on taking assignment in receivables as a means of trading in these instruments through securitization; despite the fact that the Jordanian legislature did not address provisions of the assignment of rights in civil law, which led us to drop the relevant rules of the assignment on the subject of this study. The study recommended the need for the Jordanian legislator put special assignment in receivables rules to be applied to the securitization, and modify some of the legal texts related to the study contained in the Companies Act, the Securities Law, the Law on Islamic financing instruments in proportion to the securitization process.

This study is a statement on the organization of the legal provisions of the obligation to report if the risk in the light of the provisions of the system of compulsory insurance Jordanian compounds No. (12) for the year 2010 comparative study, to demonstrate the shortcomings and legislative bug that undergo, especially that the Jordanian legislator to leave the organization of many of the issues associated with this obligation the will of the contractors in the insurance policy according to the rule pacta sunt servanda, in the form of reporting, as well as the date or time of reporting which was determined to be exactThe question which is intending to study answer is reflected in the statement of the extent of the need to enter the Jordanian legislator to regulate the legal rules relating to the obligation to report if the risk in all its aspects because of its importance, and re-consider the report by the rules governing his hand, and how to provide protection and security to the insured, which is its revenue from rules governing this commitment in a document compulsory insurance on the other hand to show the extent of its legitimacy and effectiveness of judicial control

The state intrested in developing employees efficiency and by giving them scholarship to get the higher degree or primary under gradgante in the field of their functional competence . in order to achieve the above what Iraqi legislator did to amend article no 50 of the civil service law no 24 of the year 1960 under the law no . 14 for year 2009 and then issued instruction to grant scholarship no. 165 for the year 2011 . For the purpose of this statement that we had to search the condition for granting scholarship for employees and the resulting problems in practice especially for a public service mandate and some of the barred from granting scholarship .

L’Archive représente l'une des composantes du patrimoine matériel de l'Etat et une mémoire vive important qui contient le passé et le présent, par laquelle l'État pouvez prédire l'avenir à la lumière des données existantes et dessiner sa politique correctement. Quand l'État possède un riche patrimoine cela signifie que l’Archive soient plus précieux pour toute l'humanité, parce qu’elle représente une expérience accumulée et des informations précieuses qui entrent dans la construction et l'interprétation de la psychologie de l'homme et l'environnement aussi bien.L'archive irakienne est, en fait, un reflet de la variété de la civilisation étend à plus de 8000 ans d'histoire humaine, et sa destruction et sa vol représente un appauvrissement du patrimoine de l'humanité et, en même temps, un crime de génocide culturel au niveau international, a un moment où les instruments internationaux et régionaux concernant le patrimoine de l'humanité en concurrence afin d'améliorer la protection.

The contractual intention regarded as one of the three basic elements of the English simple contract, as well as the agreement (offer + acceptance) and consideration it is worth-bearing in mind that the intention to be legally bound can be defindas the intent by which the contracting parties aim at creating legal relations and establish contractual obligations.It is also worth-bearing the intention to be legally bound plays a considerable role in distinguishing between agreements having no contractual force, if they expressly negative the intention to be legally bound and the legally binding contacts. Whereas in the Iraq civil law No. -40- of 1951 , the contractual intention is not a separate element of the contract, but it is incorporated with the contractual will, which is considered the essence of the contract.

The prevailing belief in the first times that the ruling is under God in the land , it has emerged clearly during the pharaonic times , As well as in Europe in the middle Ages , and then emerged , the idea of autocratic monarchy of God as the basis to take over the government , it has helped the kings and push them to the practice of authoritarian rule , which was representing shades of oppression and injustice citizens rights , because all the decisions of the king and his actions can not be resisted or challenged as issued by the supreme authority shall not comment on them .

Due to the development of requirements for achieving the goals of economic development in different societies and activating the role of the various sectors of specialized banks. it appeared to you complete the role of commercial banks and differentiated by the nature of the appropriate provision of credit and to meet the requirements relating to different sectors, as is the role of specialized banks being those financial institutions that provide services of diversified banking and lending operations limited to a particular sector in achieving development goals. Thus, these banks is that specializes in the development of one of the sectors of economic nationalism is not engaged in commercial activity banks are working to fund economic projects industrial, agricultural or commercial, depending on the specialty Bank. Hence, we note that those banks are banking operations that serve a specific type of economic activity such as industrial or agricultural or real estate activity, in accordance with the resolutions of which founded and do not have to accept demand deposits among the key aspects of its activities.

International criminal law has is going on legal loopholes reflect the areas where not enough law to rule the case, which raises the possibility of recourse to the general principles of law, as an excellent source of international law is based on the supposed majority of states will, they reflect the general trend of the commitment including Provisions domestic legal systems of rules, so that it can become part of the international legal system after recognizing her as the source, which is preceded by the recognition by the general internal regulations of the States, and thus descriptions complement of international criminal law and play an important function which is to fill the gap that may leave norms and treaties international in the governance of the issue pending before the competent court into international crimes, and thus play an important role in the development of rules of general international law in general and international criminal law, in particular, being applied, particularly by the internal elimination of individuals when committing domestic crimes or international character, It can then be transferred to a range of international justice to be extracted international rules them, please post the general principles of the law on the interpretation or supplementation confined it in the final outcome it aims to develop and modify the international criminal justice system from the general trend in the criminal legislation of different countries.

The consumption is a philosophy of contemporary life and the lives of consumers without legal protection offered by the many risks and urgent desire to protect the consumer in the market electronic world toward professional, vocational or merchant came to enlighten the will of the consumer and the definition of their rights and duties and the legal nature of the contract and applicable law and how to implement the contract and its expiration and its dissolution and the relationship between them, and to determine controls the balance between the two parties to keep pace with the information revolution under contemporary human history.