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

The pledge is: a relationship between two parties, a pledgee and a pledgee, according to which the pledgee undertakes to the pledgee to transfer ownership of the property for a specific price to be agreed upon. And that the undertaking to transfer the ownership of the real estate, which the law imposes, has a special formality despite the undertaking. It is considered a void formal contract for not fulfilling the required formality, which is registration in the Real Estate Registration Department, as ownership in movables is transferred either by division if they are movables of a certain type, or once the contract is concluded if it is The sale is specific in particular, as for real estate, the rule is that ownership in real estate and other in-kind rights resulting from the real estate that the law has an effect on cannot be transferred, whether between the contracting parties or with respect to others, except through registration, and therefore the seller is in the real estate sale contract when he undertakes the undertaking By transferring the ownership of a property and refraining from the procedures that in turn lead to the transfer of ownership to the buyer, this refusal does not result in the effect of transferring the ownership, and the only effect that results is the payment of compensation according to the Iraqi civil law, which arranges certain effects for the undertaking to transfer ownership of the property, which are the rights and duties of the contractor and the obligee arising from the transfer of ownership of the property

The decision that is issued in a civil case before the issuance of the final judicial ruling on it is appealed either with the final ruling in the case or it is appealed when it is issued during the hearing of the case. The subject of the research dealt with the appeal of these decisions, specifically the decisions that are appealed upon their issuance because they affect the The case proceeds, and the appeal is made through a cassation petition submitted by the party harmed by the decision. The petition is submitted either to the court that issued the decision, which in turn sends the appeal petition with the lawsuit to the court competent to hear the appeal, or it is submitted to the court competent to hear the appeal directly, which requests the case file from The court that issued the decision, and there are several conditions for appealing these decisions, including those related to the appellant party and others related to the respondent. The appeal is made before the Court of Appeal in its cassation capacity or before the Federal Court of Cassation. The research shed light on the jurisdiction of these courts, and appeals against decisions take place according to specific legal periods and when they exceed These periods cancel the right to appeal, and the court decides on its own initiative to dismiss the appeal petition if the appeal is submitted after the expiry of the legal periods.

This study included areas that have the jurisdiction for putting signal of booking for property.They are multiple and for different purposes.the administrative authorities decided to place the booking signal for the property.inorder to get their debts,mostly and the reason for putting booking signal on the debtor,s or the guarantor,s property may be guarantee for the im plementation of the contract as to the mission contract and investiment .either the judicial authorities decided to place booking sign for the property inorder to remove the debtor from performance for the property or inorder to change opposing parties in case. This will make it easy to end or for the purpose of implementation of the property through the excution on the property by sailing removal communities. Implementation it self decided to place sign of property on the debtor,s of property according to the existingone,s request for sailing the property and paid the amount for him.

The plea that the foreign ruling is not implemented for the jurisdiction of the National Court to consider the execution case is one of the formal defenses established according to the provisions of the Civil Procedure Laws. Examining the executive case due to the lack of connection between this dispute and any other country, which in this case must disregard the jurisdiction of the courts of any other country in consideration of the same dispute, and thus argues not to allow the implementation of the foreign judgment issued in this dispute within its country However, the mere convening of the jurisdiction of the national courts does not in itself justify the refusal to implement the foreign judgment. The convening of the jurisdiction of the national court and the foreign court calls for the necessity of conducting a kind of trade-off between the two jurisdictions, one of which can be preferred over the other.
Second: Either the National Court decides to recognize the implementation of the foreign judgment despite its permissive jurisdiction in the executive lawsuit in commercial matters and personal status, in application of Article (7/e) of the Law on the Execution of Foreign Judgments of 1928, according to the theory of the National Court abandoning its jurisdiction over the dispute in favor of the foreign court, with conditions and controls. specific in order to face the positive conflict of the rules of international jurisdiction, in response to global developments that necessitate coexistence between legal systems Accordingly, it was necessary to study this issue by tracing the condition of jurisdiction in the light of its historical origins, and analyzing the jurisprudential opinions that were expressed in this matter, as well as clarifying the position of the comparative legislation that we adopted exclusively, including the Iraqi and Egyptian law on the one hand, and the French and English civil law on the other hand.

The Studies related to South Korea arouse curiosity of researchers and the interest of readers, as this youthful country, which is formed in the aftermath of World War II, witnessed unexpected changes and developments in the field of politics, economy, and community building. These changes could be called a” quiet revolution”, it is necessary to realize their importance, understand their dynamics, analyze and predict their results. This country ranks the fourth level in Asia economically, after Taiwan, Hong Kong and Singapore, which are known as the Four Asian Tigers and the fifth consumer of Petrol in its industries. Korea found its place in the heart of the political and economic competition between USA and China on the one hand, and USA, North Korea and Russia on the other hand, drew the world's attention with its rapid economic growth in the sixties and seventies, which was accompanied by internal political and social development.
Since the Korean renaissance is a successful model, and a distinguished experience that can be benefited from by developing countries that have suffered from unstable political and economic conditions, by adopting the economic development approach, and the institutional development of the state's infrastructure, so the research adopted a review approach for the most important features of the state of South Korea.

The obligation to maintain the confidentiality of information and technical knowledge is an important restriction in the negotiations of international trade contracts, which the negotiation parties are keen on, whether the negotiations lead to the conclusion of the final contract or not.
Confidentiality does not mean that the negotiations are not public and are kept secret, but rather the confidentiality of the technical, engineering or chemical information which is accessible to the negotiator.
Nowadays, the negotiations of international contracts are about matters of technical and technological nature, and therefore, in order to initiate, continue and reach to a final agreement in the negotiations of international contracts, many secrets must be revealed by one of the parties to the other, on matters of a technical and technological nature or secrets related to the financial position and the volume of commercial and economic transactions of one of the parties. And this obligation provides an effective guarantee and protects the rights of the negotiating parties, especially if the negotiations fail. in cases where secret ideas are negotiated, the law does not guarantee a special protection by their nature, such as patents or trademarks and trade names.

In this research, we will analyze and discuss the issue of the extent to which legal persons can be compensated for moral damages, trying to answer the following question: Does the legal person's submission to the law, as a natural person, give him the right when this legal person is a victim of damage to claim compensation? In fact, the centrality of this question appears in two directions: the first is related to finding the legal basis for ruling compensation for damage that many dispute over the legitimacy of a moral person’s entitlement to it, while the second is represented by mixing the concept of moral harm for a moral person with economic harm, and then the difficulty of proving the independence of moral damage away from economic damage accompanying or mixed with it. These difficulties had fueled jurisprudential and judicial disputes regarding the moral person's entitlement to moral damage, especially with doubts about the inability of this judgmental person to feel what necessitates his entitlement to compensation. All of this we will review with a statement of the images that the judiciary has compensated for, the problems associated with proving and evaluating moral damage, and the position of the judiciary and jurisprudence in the countries under comparison.



In this research, we will analyze and discuss the issue of the extent to which legal persons can be compensated for moral damages, trying to answer the following question: Does the legal person's submission to the law, as a natural person, give him the right when this legal person is a victim of damage to claim compensation? In fact, the centrality of this question appears in two directions: the first is related to finding the legal basis for ruling compensation for damage that many dispute over the legitimacy of a moral person’s entitlement to it, while the second is represented by mixing the concept of moral harm for a moral person with economic harm, and then the difficulty of proving the independence of moral damage away from economic damage accompanying or mixed with it. These difficulties had fueled jurisprudential and judicial disputes regarding the moral person's entitlement to moral damage, especially with doubts about the inability of this judgmental person to feel what necessitates his entitlement to compensation. All of this we will review with a statement of the images that the judiciary has compensated for, the problems associated with proving and evaluating moral damage, and the position of the judiciary and jurisprudence in the countries under comparison.

In this research, we will analyze and discuss the issue of the extent to which legal persons can be compensated for moral damages, trying to answer the following question: Does the legal person's submission to the law, as a natural person, give him the right when this legal person is a victim of damage to claim compensation? In fact, the centrality of this question appears in two directions: the first is related to finding the legal basis for ruling compensation for damage that many dispute over the legitimacy of a moral person’s entitlement to it, while the second is represented by mixing the concept of moral harm for a moral person with economic harm, and then the difficulty of proving the independence of moral damage away from economic damage accompanying or mixed with it. These difficulties had fueled jurisprudential and judicial disputes regarding the moral person's entitlement to moral damage, especially with doubts about the inability of this judgmental person to feel what necessitates his entitlement to compensation. All of this we will review with a statement of the images that the judiciary has compensated for, the problems associated with proving and evaluating moral damage, and the position of the judiciary and jurisprudence in the countries under comparison.

In this research, we will analyze and discuss the issue of the extent to which legal persons can be compensated for moral damages, trying to answer the following question: Does the legal person's submission to the law, as a natural person, give him the right when this legal person is a victim of damage to claim compensation? In fact, the centrality of this question appears in two directions: the first is related to finding the legal basis for ruling compensation for damage that many dispute over the legitimacy of a moral person’s entitlement to it, while the second is represented by mixing the concept of moral harm for a moral person with economic harm, and then the difficulty of proving the independence of moral damage away from economic damage accompanying or mixed with it. These difficulties had fueled jurisprudential and judicial disputes regarding the moral person's entitlement to moral damage, especially with doubts about the inability of this judgmental person to feel what necessitates his entitlement to compensation. All of this we will review with a statement of the images that the judiciary has compensated for, the problems associated with proving and evaluating moral damage, and the position of the judiciary and jurisprudence in the countries under comparison.
In this research, we will analyze and discuss the issue of the extent to which legal persons can be compensated for moral damages, trying to answer the following question: Does the legal person's submission to the law, as a natural person, give him the right when this legal person is a victim of damage to claim compensation? In fact, the centrality of this question appears in two directions: the first is related to finding the legal basis for ruling compensation for damage that many dispute over the legitimacy of a moral person’s entitlement to it, while the second is represented by mixing the concept of moral harm for a moral person with economic harm, and then the difficulty of proving the independence of moral damage away from economic damage accompanying or mixed with it. These difficulties had fueled jurisprudential and judicial disputes regarding the moral person's entitlement to moral damage, especially with doubts about the inability of this judgmental person to feel what necessitates his entitlement to compensation. All of this we will review with a statement of the images that the judiciary has compensated for, the problems associated with proving and evaluating moral damage, and the position of the judiciary and jurisprudence in the countries under comparison.

In this research, we will analyze and discuss the issue of the extent to which legal persons can be compensated for moral damages, trying to answer the following question: Does the legal person's submission to the law, as a natural person, give him the right when this legal person is a victim of damage to claim compensation? In fact, the centrality of this question appears in two directions: the first is related to finding the legal basis for ruling compensation for damage that many dispute over the legitimacy of a moral person’s entitlement to it, while the second is represented by mixing the concept of moral harm for a moral person with economic harm, and then the difficulty of proving the independence of moral damage away from economic damage accompanying or mixed with it. These difficulties had fueled jurisprudential and judicial disputes regarding the moral person's entitlement to moral damage, especially with doubts about the inability of this judgmental person to feel what necessitates his entitlement to compensation. All of this we will review with a statement of the images that the judiciary has compensated for, the problems associated with proving and evaluating moral damage, and the position of the judiciary and jurisprudence in the countries under comparison.

The origin of the claim is to be submitted individually, as the civil lawsuit petition includes only one plaintiff, or two or more plaintiffs in the event that there is a participation or connection in directing their claim, and despite that, the presence of more than one plaintiff in the lawsuit does not necessarily lead to giving it the status of a class action ,There is an exception which is the collective claim which has its own conditions, characteristics and advantages. The class action is a legal procedure adopted by the French legislator, for the necessities imposed by the developments of life and the expansion of collective damages and their different types, especially in some areas when there is one source of damage and too many affected people; It is hard to file the lawsuit and bear its costs individually.
Filing a class action requires the availability of specific conditions in its regulating legislations. When adopting the class action, the French legislator has required the availability of special conditions for giving the status of a collective claim by the Trial Court. The most important of these conditions is to submit a petition of collective claim and the court's approval of granting that status (collective claim) after examining the condition of the number and common facts causing damage, as well as the nature of those facts whether they are within the areas in which the legislator has authorized the initiation of the class action.
Since the class action is one of the private and specific lawsuits, the French legislation has limited it in certain areas and did not launch it in all areas or all the damages caused to groups of individuals. It was adopted in the field of environmental damage, consumption, public health and work disputes. These damages affect large groups of individuals, so the initiation of a class action is more useful for those affected, in terms of distributing expenses among them so that each of them bears a small part.
Finally, the class action, as the individual action, has consequences and the most prominent of these consequences is the result that this lawsuit will achieve, which is to obtain an appropriate compensation for each damaged. This compensation may be in kind or in cash. The legislator did not overlook the role of mediation in resolving the dispute amicably and reparation, which allows avoiding the trouble of filing a lawsuit and material burdens,The compensation must be distributed fairly among the plaintiffs after the issuance of the compensation judgment, and the court appoints a person who regulates everything related to the distribution process, and this cost is added to the legal expenses.

The Iraqi legislature and comparative legislation obligated them to keep secrets of their jobs and not to disclose them except in cases permitted by law, and one of the forms of criminalizing the disclosure of job secrets is depriving specialized employees in the authorities concerned with combating corruption from disclosing information related to the financial disclosure form, because of the breach of job duties, as well as To ensure the integrity of the public office and protect the secrets of those charged with revealing their financial assets, and to ensure that the competent authorities are able to combat administrative corruption.

The civil lawsuit encounters obstacles, whether the latter is before or after the filing of the lawsuit, which leads to a delay in proceeding with it for a period of time, and it does not matter whether that delay is in the preliminary or the appeal stage; Until the delay in itself became a burden on the law due to the huge number of lawsuits before the courts and the relevant authorities, and lead to the depletion of effort and time in addition to the disruption of justice.
The delay in the procedures is not limited - as it appears at first glance - to the parties to the conflict, but it can be imagined that it is issued by judicial assistants who work in the courts, such as the public prosecutor and the judicial reporter, and non-workers in the courts such as lawyers and experts, as this category of people may cause them to resort to methods They are illegitimate, or they may take advantage of some of the gaps in the legislative texts, which has become necessary to have means to combat these procrastination measures in light of the rapid development in most areas of life in a way that leads to activating the principle of urgent and fair judiciary, and among these means is reliance on electronic litigation And mediation because of their important role in contributing to finding solutions to disputes as soon as possible and with short, uncomplicated procedures.
Although some legislations have granted the court discretionary power to impose its procedural penalties on those who cause harm to one of the parties, this granted power does not address the issue of slowness in litigation due to the exacerbation of this phenomenon and the increase in the huge number of cases that are not commensurate with the number of judges. There were no procedural or substantive penalties that would have an effective and rapid role in contributing to finding the necessary means to avoid this delay and save time and effort.

The Iraqi legislator spoke in Civil Law No. 40 of 1951 about the deposit contract in Articles (950-979), where he defined it and set detailed general provisions for it in the second book under the title of contracts named in Chapter Four within the contracts mentioned in the work in Chapter Three. Now that the banking use This deposit has been developed over time, and only its word remains, and this is what the Iraqi Commercial Law No. 30 of 1984 did, as it spoke about the money deposit contract in the first section of the second chapter related to banking operations and established various provisions for it that almost do not remain of the deposit contract mentioned in the law. Civil Bank is just its name, while we find that the Iraqi Islamic Banking Law No. 43 of 2015 restricts its banking work to adherence to the provisions of Islamic Sharia, especially the investment deposit, as it is one of the types of cash deposits according to the text of its first article, which requires identifying the cash investment deposit by searching for its characteristics. What characterizes the cash investment deposit and distinguishes it from other deposits with banks.

Fraud in commercial transactions is one of the ancient social and economic scourges that arose with the first human societies, but its effects have multiplied in a way that raises anxiety and fear at the present time, and its harmful effects are not limited to the consumer alone, but its effects extend to the economic aspects to include the honest producer and trader, in addition to what fraud causes Dangers and damages to the health and lives of citizens, As the field of trade is not limited to people with good intentions, but many people with bad intentions try to use deception and fraud to promote their goods and services to achieve the forbidden profit, disregarding the negative effects that result from that, without these cheaters being deterred by any scruples of religion, conscience, morals or Human feelings, and since legislation is the main means to confront such phenomena or to reduce them, it is the duty of the legislator to intervene to achieve this goal, The law always maintains the cohesion of society and ensures its development and ensures that relations between individuals are based on cooperation and mutual understanding away from fraud and deceit, especially since the general and basic principle in the law that prevails in all legal relations is that individuals deal with honesty and honesty in accordance with what is required by the principle of good faith in dealing And to talk about fraud in commercial transactions, we will divide the research on this subject into two requirements. In the first requirement, we deal with the meaning of fraud in commercial transactions, and in the second requirement, we deal with the methods and means of combating fraud in commercial transactions, and we end the research with a conclusion that included the most important conclusions and recommendations that we reached.

The tax is defined as a sum of money imposed by the government on a natural and legal person. Today, the tax plays an important role in the economies of countries because it has an important impact in covering all kinds of expenses and taxes that are imposed by the state. A law must be legislated for it, and there is no compensation for the persons charged for this endurance. Or the tax burden directly. Given the importance of tax at the present time and the increasing need for tax, it has become a burden on the taxpayer, so the so-called tax evasion has emerged not only at the level of countries... but at a global level, by imposing taxes on residents within it, i.e. inside and outside the state through the link of nationality to taxpayers. When adopting the principle of the personality of the law.