AL- Mouhaqiq Al-Hilly Journal for legal and political science

Commercial bankruptcy entails the bankruptcy of the bankrupt trader to manage and dispose of his funds. The bankruptcy trustee shall manage the funds and creditors' rights, but the bankrupt may have concluded contracts related to his trade before bankruptcy. It is decided to continue operating the bankrupt trade during the period of preliminary proceedings, is it that these contracts remain as linked to the trade bankrupt or be subject to the desire of the bankruptcy between the annulment or continue, and this will be the scope of our research in this research.

The nature of the political organizations requires them to carry out many duties, but the most important duties are those duties related to party organization, and what should this organization be committed to internal democracy, which is the nucleus of the work of political parties, it is unreasonable political parties that exercise democracy to reach power Not recognized internally, and the party organization's commitment to the absence of military manifestations within this organization is also a regulatory obligation.

The principle of non-retroactivity in the administrative decisions of the past in general is that the result of legal action is not reversed prior to its entry into force, because it leads to prejudice to acquired rights, disturbance of transactions and instability in society. The principle of non-retroactivity of administrative decisions applies to administrative decisions And the administrative and regulatory decisions. The consequences of violating this principle are nullification of decisions issued retroactively, because the administrative decision has no effect only on the future, and the judge may cancel the administrative decision when it is retroactive without explicit permission in the legal texts. The principle of non-retroactivity in administrative decisions is one of the rules that can only be violated by law. Therefore, the principle of non-retroactivity is a public order and can only be violated by law. It is also a rule of interpretation, The administrative ambiguity in its existence as a mandatory rule of interpretation, therefore must explain the uncertainty in the history of the administrative decision in the course of non-retroactivity. And despite the fact that the legislative texts that organized the subject of retroactive laws in France, Egypt and Iraq were all free of reference to the subject of retroactive administrative decisions on the past, so the principle of non-retroactivity of administrative decisions of the principles recognized in the jurisprudence and administrative justice, whether in France or Egypt, This is the result of general and individual organizational decisions, and therefore it makes sense that administrative decisions comply with this rule and do not apply as a general rule retrospectively to the past.

The fact that scientific progress does not stop at the end is in a constant and rapid development. The products that were considered when put into circulation according to the current technical and scientific situation are safe. The scientific development revealed after a period of time that there is a defect that threatens the consumer safety in these products It is not certain that the product's knowledge is the certainty that scientific progress may later alter its products to the markets to detect a defect that poses a danger to consumer safety. The risk of scientific development is described by French jurisprudence as an "inevitable danger" because it is inherent to human activity . The product is primarily a product maker that has to track and hold on to the evolutionary stream of scientific and technical knowledge (scientific development) at the national and global level, as long as this scientific development has revealed a defect that was not known at the time of product introductions
Technological developments have imposed a commitment on the part of the producer to trace its products to the markets and not to fail to take the necessary measures after learning of this defect from warning consumers to prevent the risks of its products revealed by scientific development, if this measure is sufficient to control the risks, To avoid their risks, and prior to these measures or obligations on the product must adhere to the labeling of its products before putting them to markets to prove their return.

The conditions stipulated by the law to ensure the defects of informatics hidden, which we know to be old and influential and not known by the client, as the availability of these conditions it becomes the right of the client to demand the implementation of the penalty prescribed by law for the commitment of the supplier to ensure hidden defects, In the claim for the work of this penalty in a lawsuit known as the case of the guarantee of hidden defects, a lawsuit to regulate their own in a way that distinguishes it from other cases, such as the claim of annulment or suit heroes or others.
The law also specifies the penalty for making this guarantee in a way that could not be done in accordance with the general rules, and the truth of the matter should be found in the protection that the law provided to the customer in the face of the information supplier. First, we must present the security claim before we speak about this guarantee, Amend the provisions of the guarantee by agreement of the contractors so that the liability of the supplier shall be determined by virtue of that agreement concluded in this regard

Noise pollution in the human environment is emitted from a variety of sources, leaving negative effects on the environment, human health and rest in particular, and the environment in which it is emitted into a generally disturbing environment. A person can not practice his or her duties or exercise his right to life quietly Noise, coupled with noise pollution, can cause serious harm to human life, or at least lose enjoyment of the joys of life.
If noise is a type of environmental pollution - as we will see in this study - there may be several questions in this regard about the meaning of pollution in general and the meaning of noise in particular, and how noise is considered pollution? And the extent to which civil responsibility is achieved? If so, what is the legal basis upon which it is based?
We will try to answer these questions in the light of the general rules of civil law, in comparison to the civil laws in Kuwait, Egypt and France, especially after the first amendment of its kind by the French legislator in its civil law under Decree No. 1087 of 8 August 2016 on compensation for damages (1246-1252) of the French Civil Code, as well as special environmental legislation, and in light of the views of civil law jurists and judicial trends in this regard.

The legislative authority may relinquish the exercise of its powers under domestic rules, by refraining from exercising its legislative jurisdiction intentionally, or mistakenly believing that such jurisdiction is outside its jurisdiction and does not fall within its competence, because if it is not internationally acceptable for the legislature to enact legislation In violation of international obligations, it is also inadmissible to restrict or to refrain from exercising this jurisdiction, as long as such abstention harms the State's international interest or the rights and freedoms of individuals, which necessitates the need for the intervention of the legislature and its obligation to exercise jurisdiction As the most authoritative authority for the public interest of the state. Therefore, the responsibility of the state is raised in the event of the legislative authority abandoning its constitutional obligations to the constitutional authority. This will undoubtedly make it void of its powers due to its reluctance to enact legal provisions for the purpose of implementing its international obligations or to allow the executive authority to intervene in the legislative sphere by including Legislative authority shall be issued by the Legislature which suggests to the Executive Authority that in addition thereto, modify or suspend its implementation in contravention of the obligations of the State internationally.

The necessity is a situation which appears when some Circumstances affected with the party in the performance of its contractual obligation. when the party sued the other one about these circumstances as influential. the judge has the authority to assess these circumstances and it's evidences in terms of the impact on the party and consider it as a necessity to apply the exceptional provision. In same time he (the judge) has the authority to choose which of the exceptional rule would apply on the case. that's if the case have more than exceptional rule. In that case the judge decide the appropriate jurisdiction. In other side, the judge has the authority to raise some of the necessities on its own if it is concern with in the case, but the claimant did not raise it to win his claim, knowing that these authorities enjoyed by the judge can be appealed according to the legal methods, but this shall be through appeal against the ruling

Bank loans are one of the most helpful means offered by banks to clients, regardless of the interest that the latter seeks , These services contribute to the advancement of the development of society through , The use of loans in various projects ,However banks are seeking at the same time to profit from these operations. The borrowers failure to pay on due dates may cause losses to the bank and the occurrence of liquidity problems.

Based on the special nature of the arbitration system, which is based on the agreement of the parties to resort to it and the resulting principle of freedom of the parties in the selection of the law applicable to the arbitration agreement, making the international arbitration agreement has a special self that makes it independent of the original contract. Is affected by its nullity, but what invalidates the arbitration agreement are those reasons which are related to special reasons according to the general rules such as lack or lack of eligibility or a defect in the satisfaction of the parties or because of the legality of the place of agreement on arbitration or cause, The agreement, as the reasons for the These matters, which pertain to the different contractual basis of arbitration, may lead to the application of a different law each time, since not all matters relating to the arbitration agreement, whether in the form of a clause or a clause, may fall under this law.

The subject of the objective impact of the enforcement of constitutional judicial rulings is important issues related to determining the starting point for the provisions of this type of judiciary, which aims to protect the constitutional texts from being violated in support of the principle of constitutional legitimacy and the principle of control over the constitutionality of laws. They are the mainstay of the violation of the provisions of the constitutional document, which represents the top of the legal hierarchy in the legal state. This effect will be addressed in the face of the legislation governed after its constitutionality and in the face of the speakers in the countries in question, some of which are based on the decentralization of the system, the control of abstention, as in the United States, and the centrality of the system based on the control of abolition, as in Egypt and Iraq.

the Judicial Interpretation is the essence and origin of the judicial work,on which laws revolve around. The judge is committed to interpret the contexts of the Administrative Contract, and he cannot do this unless there is a known case and there are two parties of the contract resort to him to interpret it .The judge usually has an evaluative authority in interpreting the Administrative Contract , at the same time he is restricted by the terms of the Judicial Interpretation and he cannot violate these terms. He has to be committed tothem when interpreting the Administrative Contract. Practically speaking, these termsgreatly important due to the development of the sociallife and society needs

The issue of Non-state actors has received great attention at the international level, where their emergence has caused great controversy in the international arena, and their definitions and descriptions have been different, characterized by many advantages, and increased their activity significantly and became competing countries, where the activity of some of these actors exceeded The activities and economics of many countries, such as NGOs and multinational companies, have diversified, experienced great developments, expanded unparalleled, and began to be active in the international arena., Especially in the period following the end of the Cold War and the events of September 11, 2001.

Ensuring the lessor of the exposure issued by the administration is one of the important and vital topics, especially as this subject, despite its importance, the Iraqi civil law did not produce a special provision to deal with it in the articles mentioned in the guarantee of exposure to the tenant has left this to the rules stipulated in the guarantee of exposure from third parties Which raises the ambiguity that the management authority when exposed to the tenant, which caused an imbalance in the use of the tenant for the wage applies to all the provisions of exposure issued by others, especially that the management body in some cases have a public authority and has the right to be exposed in order to achieve the public interest in society May affect some of the Conditions in the tenant's possession of the tenant such as digging a street, for example, for the purpose of expanding it leads to a narrowing of the area of the rented land and then significantly reduce the tenant's use, which leads to depriving the tenant from the use of the wage or reduce this use

Under modern democratic systems, the general principle is that the work of the executive branch should be subject to judicial oversight, whether compensation or cancellation as a result of its adverse effects. However, this principle is subject to an exception that excludes some of its actions from judicial oversight, whatever the degree of illegality. These acts are called acts of sovereignty or the actions of the government. which allows it to issue administrative decisions that it does not ask about before any judicial authority. The theory of acts of sovereignty in Iraq had a tangible role in the Iraqi courts before it was stipulated in the law organizing the judiciary authority No. (26) of 1963. It was up to the judiciary to decide the judiciary before this law was issued. The legislator did not provide any legal provisions on the acts of sovereignty before this date, and in general, the Iraqi lawmaker did not follow a single course in the provision to prevent the judiciary from considering government actions that are considered acts of sovereignty, a period that suffices only to the principle of preventing courts from exposure to acts of sovereignty At other times, just give some examples that are considered acts of sovereignty with the issuance of the Iraqi constitution of 2005, talk of sovereignty in Iraq ended