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

The medical profession is one of the most important professions in human life because of its privacy, as it relates to the health, life and safety of the person, and since access to health care is one of his inalienable rights, which the doctor plays an important role in achieving through his practice of the profession in diagnosing and treating diseases Providing health care, and to achieve the desired purpose of this profession, requires regulating its practice, and the license or license to practice the medical profession is one of the most important means of regulating it. The competence and suitability of a person to practice the profession is based on a philosophical basis, which is the social necessity dictated by the community’s need to organize the practice of the medical profession in a way that achieves the desired goal. It also finds its legal basis in both the constitution and the ordinary legislation. The practice of professions, including the medical profession, is one of the rights guaranteed by the constitution, and leaving the law to organize them, to show how they are exercised and the limits at which they stand, and in a manner that achieves a balance between the individual’s right to exercise his freedom on the one hand, and maintaining the security and health of society on the other hand, and Next is the public good.

The aim of this research is to demonstrate the effectiveness and role of the means of scientific progress in deriving the judicial evidence, and the judge can benefit from the means of scientific progress in deriving the judicial evidence. Resorting to the expertise of experts in scientific and technical matters. Scientific progress is important as it is one of the scientific means that facilitate the judge's performance of the positive role in the process of achieving justice by recording voice and fingerprints, and the Iraqi legislator has adopted the principle of freedom of proof, As the Iraqi legislator adopted the principle of freedom of proof in the matter of commercial transactions and legal actions that do not exceed the specified quorum, in order to simplify contracting procedures in commercial materials, because of the trust and speed on which these transactions are based. Judicial evidence is non-conclusive evidence that can be proven against with evidence or a stronger presumption than it, and that electronic documents and modern means of proof are ultimately subject to the discretion of the subject judge.

من خلال البحث في موضوع (العضوية في المنظمة العالمية للملكية الفكرية)، يظهر لنا جلياً ان العضوية فيها متاحة لجميع الدول، وان اجراءات الانضمام لعضوية المنظمة تخضع لمجموعة من الشروط والضوابط الأجرائية، والتي تم الاتفاق عليها من قبل الدول الأطراف الموقعة على اتفاقية انشائها في عام 1967، حيث نجد ان الشروط الموضوعية للانضمام تكون على نوعين، وهي شروط تتعلق بالدول الاعضاء بالاتحادات التي تديرها المنظمة، وشروط أخرى تتعلق بالدول غير الاعضاء بالاتحادات، وهذه الشروط بنوعيها تحتم أ، تكون العضوية للدول فقط، أما بالنسبة للشروط الاجرائية فأنها تتمثل بالتوقيع دون تحفظ من قبل الدولة طالبة العضوية، والتوقيع الخاضع للتصديق، ومن ثم إيداع وثيقة الانضمام، وبهذا تكتسب الدولة عضوية المنظمة العالمية للملكية الفكرية، وكذلك تضمن البحث أنواع العضوية في المنظمة حيث تشير اتفاقية انشائها الى نوعين من العضوية تتمثل الأولى بالعضوية الاصلية التي تضم الدول التي وقعت على اتفاقية انشاء المنظمة وهي (10) دول اعضاء من اتحاد باريس و(7) دول اعضاء من اتحاد برن، أما العضوية اللاحقة فهي تتمثل بالدول التي انضمت لاحقاً بعد دخول اتفاقية انشاء المنظمة حيز النفاذ، وتحدثنا عن حالة الانسحاب بوصفها الحالة الوحيدة التي تؤدي الى نهاية العضوية في المنظمة العالمية للملكية الفكرية، والذي يشترط فيه، ان يتم من خلال إخطار المدير العام للمنظمة قبل (6) أشهر من تاريخ الرغبة بالانسحاب منها.

Polygamy is a description that attaches to the obligation, or the right to modify its effects after it was limited to two parties. This plurality may be on the side of the creditor, the side of the debtor, or both. And multiplicity as a description when it is present in the nodal bond, the contract is described as multilateral. And since plurality naturally changes the effects of this contract, so studying the effect of plurality in a contract is important, in terms of identifying the effects that this contract entails in the presence of this plurality, in terms of the impact of obligations, provisions, and responsibility arising from this contract. Until the end of the last. Access to knowledge of the effect that plurality arranges when it is present in the nodal tie is through a study, or an explanation of how this multiplicity in the contract. It is this plurality in the contract that explains the desire of the multiple parties, and explains the will of the parties, in terms of how to implement the obligations and the effects of the contract when this plurality exists. Although there is no text in our civil law that explains how the parties to a deposit contract are multiplied, we found such a multiplicity in Islamic jurisprudence, which in turn took to explaining the parties’ desire based on the nature of money, and we found that being satisfied with such an interpretation of will based on the nature of money was not It is sufficient to adequately encompass the desire of the parties, and for this we have tried, through this study, to explain the desire of the parties not only based on the nature, but based on the understanding of this will, through the creedal terms, and the indications that indicate that these parties must work together or separate and hate, This is what resulted when the so-called single contract or separate contracts.

The research dealt with (( Evaluating the foreign sponsorship system - a comparative study )) in force in Iraq, the Arab Gulf states and some neighboring Arab countries, given that this system works to link the legality of the foreign expatriate’s residence with the sponsor, so that the foreign expatriate cannot change his work, job or place of residence Without the consent of his sponsor, except in exceptional cases and with the express permission of the competent authority, and in order for the foreign expatriate to leave, he must obtain an exit visa from his sponsor . Which basically aims for the state to exercise its legitimate rights in imposing its authority and dominance in order to protect society and its entity from any danger it may be exposed to, So, the country in which a number of foreign residents reside has the right to set restrictions to protect its security and stability, just as it is the right of the sponsor in this country to feel safe , and the foreign expatriate also has the right to live a decent life and to enjoy all the guarantees that preserve his dignity and rights. From the foregoing, we will undertake the research in our topic (Evaluation of the foreign sponsorship system - a comparative study). Then we follow that with a conclusion that includes the most important findings and recommendations.

By researching the topic (privileges and immunities of the World Intellectual Property Organization and its employees), it is clear to us that the agreement establishing the World Intellectual Property Organization granted wide authority to the organization through what it referred to in Article (12) that the organization may conclude bilateral agreements with countries Headquarters, or to conclude multilateral agreements with its member states with the aim of the organization and its employees enjoying the privileges and immunities that enable them to carry out the work entrusted to them, and after researching this issue it became clear to us that the organization concluded several bilateral agreements with the countries that reside on its soil in this regard, and they included Several privileges for the organization, including financial privileges and tax exemptions, and the freedom of correspondence and communications conducted by the organization. In addition, the agreements concluded by the organization with those countries included immunities represented by the sanctity of the buildings and places they occupy in addition to the sanctity of their archives. Besides, these agreements included a set of privileges to Its employees, whether they are employees or representatives of its member states, where these privileges consisted of tax exemption, freedom of passage and movement, As well as exemption from military service, in addition to that, they were granted immunities represented in judicial immunity and personal immunity, in addition to the inviolability of their official documents.

After proving the conviction of the President of the Republic with the reasons that necessitate his conviction, a number of effects follow some of which are general effects that are stipulated in most of the constitutional legislations, and some of them are special effects as the constitutional legislations varied in stipulating them as they are related to the person of the President of the Republic, and despite the development that occurred in the Constitution of the Republic For the year 2005 by stipulating the condemnation of the President of the Republic and arranging its public effect but he did not indicate his position on other effects, which we will try to explain in this research.

This study includes a statement of the rulings related to testimony as evidence in the Code of Criminal Procedure, and this research has shown that testimony is a duty of the person called to it and not a right for him, if it was a right he could refrain from performing the testimony without being subjected to any penalty and the legal texts confirm this.

The administrative case became an independent case from other cases only after the issuance of law No. 16 of 1989 which is the Second Amendment Law for State Consultative Council Law No. 65 of 1979.
An administrative judiciary was formed to specialize in administrative cases that are currently reviewed by courts (Administrative Judicial Court and Employees Judicial Court) which belong to the State Consultative Council. Rules applied in administrative cases are rules of administrative law which are different from rules of Private ordinary law as the rules of ordinary law do not contain all aspects, provisions and consequences of the administrative case. The administrative case procedures are characterized by a set of terms and formalities, whether in terms of accepting the case, prosecution, trial or ways of challenge.
Therefore, searching in the subject of administrative judicial court in Iraq is very complicated practically and legally. This complication has negative effects upon employees and cases filed in courts which take a very long time for completion.

The great development in the industrial field has resulted in the spread of industrial facilities and their increase day by day, and the latter began to put industrial waste of various types and multiple forms, and these wastes often endanger human life and his money to damage, as well as the damage has extended towards the elements of the natural environment to be affected by pollution, which led to disturbances in various environmental systems.
This study discussed the basis on which civil liability for the act of industrial waste can be based, for that we reviewed all possible bases for filing a lawsuit, starting by relying on the general rules; in the latter, liability is established either on the basis of the fault that must be proved, that is, the injured person proves the error that led to the damage, in the event that there is a contract between the person responsible for the waste and the injured person, or when the damage occurs due to non-implementation of the obligations imposed on the person responsible for the waste contained in the Environmental Law and waste management instructions, However, proving the error may be an obstacle in many cases to the establishment of this responsibility, because this waste causes damage in many cases without the issuance of a fault on the part of the person responsible for it, and if the injured person can prove the fault of the person responsible for the waste in some cases, the difficulty increases with regard to the damage caused to the elements of the natural environment, it is undoubtedly very difficult to prove the error that caused damage to the environment. Therefore, we find the Iraqi legislator in the Environmental Protection and Improvement Law No. (27) of 2009 has made the error of causing environmental damage assumed, thus removing the burden of proving the fault on the injured person. Liability based on the presumption of fault is either assumed by a simple presumption, in liability for the acts of others as the responsibility of the subordinate for the actions of his subordinate, that is, when the damage of waste is caused by one of the subordinates responsible for it, and hazardous wastes as one of the things that require special care are also established for which responsibility for things is established, however, this responsibility assumed by a simple presumption will not arise if the person responsible for the waste proves that he has exercised due diligence or has taken the necessary precautions which prevents damage from occurring, so this type of liability is inconsistent with some types of hazardous waste that cause damage when all necessary precautions are taken against it. As for the second type of supposed liability, the error is assumed by a conclusive presumption, meaning that this responsibility can only be paid by proving the foreign cause that led to the damage, and this responsibility can be said to be based on damage alone without requiring the error to be achieved, and in fact the civil laws under study have established liability for unusual neighborhood harms on the element of damage alone. However, this liability may also be hindered by the absence of the condition of neighborliness between the injured person and the cause of the damage, or that the damage caused by the neighbor is not considered an unusual damage; on the contrary, establishing liability on the element of damage and the causal link between it and the act leading to it will not make it difficult to establish liability for the act of waste, and the establishment of the latter will provide the injured person with appropriate compensation to redress the damage suffered.

Disciplinary law is part of the rule for the professional community, as the latter imposes the need for a legal system organizing it and its different situations, as it achieves a balance between the administration’s interest in the smooth functioning of public facilities in an effective and regular manner, and the interest of employees in the existence of a legal system that guarantees and guarantees them job stability And after the development of the functional relationship between the employee and the administration, the functional nature was characterized by objectivity and became aimed at protecting public facilities regularly and steadily, in addition to deterring the erring employee and other workers in the administrative apparatus. In order to protect the employee from the abuse of the administration, the legislator surrounded him with many guarantees that guarantee him security and stability, including the administrative investigation with the public employee. The administrative investigation is a tool of the legal department to reach the truth, as it aims to reveal the truth about the relationship between the employee and the violation attributed to her, as through the investigation of the material facts attributed to the public employee and the collection of evidence of their commission and the determination of the perpetrators and the responsibility of each of them, so the investigation is the basis for imposing the principle The rule of law in the field of public service.

The judiciary on both sides is a safety valve and the protector of rights and freedoms, and one of the most important guarantees of the principle of legality in legal states, as the judiciary has sufficient capabilities that qualify it to exercise the oversight role over all state institutions, and based on the established principle of the old that there is no authority over the judge other than the law, constitutions and laws have provided Sufficient guarantees for the independence and impartiality of the judiciary, by informing the judicial institution in all its details with all that guarantees non-interference and influence on it, starting with the conditions for appointing judges, the legal protection of the judge, the financial privileges and legal immunity that he enjoys to ensure that he is not affected, as well as the multiplicity of degrees of litigation Which is one of the guarantees of integrity and the integrity of the judiciary in its rulings, and therefore the professional facilities, like the rest of the legal, natural and moral persons are subject to the control of the judiciary, as these facilities must be subject to judicial oversight in order to ensure that their management is bound by the limits set by their law and not to be violated, and to guarantee the rights of Working and affiliated members of professional facilities.

Judicial oversight is one of the most effective forms of oversight, given the independence and impartiality of the judiciary that enables it to exercise its oversight role and adjudicate disputes away from any external influence in order to achieve justice in litigation before it in order to ensure respect for the principle of legality and the rule of law. In contrast, this type of oversight makes The administration is keen to perform its work within the limits set by the law so as not to make its actions and actions subject to appeal and cancellation, and then the judiciary discovers its deviation. In countries that give ordinary courts jurisdiction to consider disputes that occur between individuals or between them and the administration, this is called the unified judicial system. As for the countries in which the judiciary specializes, the ordinary judiciary decides disputes that occur between individuals or between them and the administration according to the special law, while the administrative judiciary decides disputes. Which is governed by the rules of common law, and this is called the dual judiciary system, and Iraq is considered one of the countries with a dual judiciary There are two specialized judicial bodies, the ordinary judiciary and the administrative judiciary. In view of the importance of the issue of judicial oversight of administration decisions related to financial allocations for the Internal Security Forces, we have researched this subject within a plan that included two requirements.

The research discusses the Iraqi legislation that dealt with the issue of recovering smuggled Iraqi assets obtained from corruption crimes, whether explicitly or implicitly, the practical reality of recovering these assets, the results obtained and the obstacles encountered in the recovery process. This is done by discussing the research problem represented by the ability of Iraqi legislation to recover smuggled funds, its strengths and weaknesses, and the reasons that hindered the recovery process and the reasons for that. And by dividing the research into two sections and a number of demands, and a conclusion that included the results and proposals that were reached.

The contract is considered one of the most important pillars of civil law because of the great weight it carries. Researching the topics of the contract leads us relentlessly to research the methods of concluding it and the extent of its effects, from which many other issues related to the contract derive. The Contractor have the full right and freedom to formulate their contract in a way that suits their interests, and that does not contradict the law, in both its written and not written parts (common law) and public policy.
Therefore, whenever the contract is drafted in a way that contradicts the law and public policy, the contract becomes illegal, which may deprive the parties of the purpose for which they contracted. Therefore, the utmost accuracy and caution must be exercised when drafting contracts on the one hand and enforcement them on the other hand, because some contracts may start correct, but it is enforcement in a way that violates the law, and the issue of including some illegal conditions in the contract may expose it to not enforcement and invalidity, but not all contracts are necessarily doomed to invalidity. The rights and obligations of the parties to the contract from wastage and loss.

There is no doubt that the salary of the policeman is not limited to what is specified in the salary scale for the job grades. Rather, other sums of money are added to it that he deserves and are part of the salary, meaning that the policeman receives in addition to the basic salary various additional cash amounts, some of which are spent in exchange for the additional burdens that he incurs in addition to His original work, or in return for the work risks he is exposed to while performing his job duties, especially at the present time, the work of the security services is surrounded by various risks resulting from the fight against terrorism or organized crime, and we also note the size of the sacrifices made by the security services in order to impose the rule of law and protect lives and property Public and private, or financial additions may be granted in exchange for the additional expenses incurred by the policeman, or they may be granted for economic or social reasons intended to enable him to meet the increasing expenses of life in line with his job grade, so there are allocations granted by the employment service laws and others organized by special laws and from Among them is the Service and Retirement Law for the Internal Security Forces No. (18) for the year 2011 as amended, and accordingly, granting or cutting allowances is in accordance with the conditions that were determined This is the law, and since the administration is not infallible from error, arbitrariness, or inequality in granting allocations in some cases, on the other hand, there must be an authority that monitors the work of the administration and considers the disputes that arise from it. In view of the importance of the issue of the conditions for entitlement to financial allocations for the Internal Security Forces, we have discussed this subject within a plan that included two requirements

The stipulation in the interest of the artificially fertilized fetus is one of the applications of the condition in the interest of others, which is considered an exception to the relativity of the effect of the contract and it is not permissible to expand it. The fertilized egg resulting from cell divisions after the microinjection of the man’s cells into the woman’s egg, which is usually eight days old and suitable for freezing in embryo banks for years, according to a contract between the parents and the embryo bank, to be unfrozen after a period of time and the embryo removed for the purpose of planting it in the womb of a woman other than the owner of the egg According to the womb lease contract, and it is possible that both contracts include conditions within the contract that the parents stipulate on the embryo bank or on the pregnant woman in the interest of the fetus, and thus the fetus benefits from the stipulation, and it is also possible to insure in the interest of that fetus, and therefore it is necessary to stand on the validity of that condition and the nature of the emerging right About the contract for the benefit of the fetus as a beneficiary, after identifying the artificially fertilized fetus, in order to reach the validity of the forms of stipulations in its interest.

The buyer does not wish to acquire the ownership of the sold property only, but rather aims to satisfy his needs, and this will not be done unless he obtains a sale that meets the descriptions he desires or stipulates that they be available in the sale. The desired goals of the contract that are a motive for him in concluding the contract, or if this description is a desirable description in the sale.
Therefore, the seller is obligated to deliver a sale to the buyer that includes these descriptions. If the seller delivers a sale to the buyer whose descriptions change from the descriptions agreed upon in the contract, he is obligated to guarantee this change.
Accordingly, the change is achieved if a description is left behind in the sold item, whether this description is desired or conditioned by the buyer, because this backwardness results in a somewhat imbalance of the benefits that the buyer intended in the thing sold and was keen on their existence and for which the contract was concluded.

Sovereign funds are government investment funds with an independent legal personality and that invest the financial surpluses of the state with multiple investments internationally and locally to achieve many goals, that these funds are based on two basic ideas: investment and savings, and are managed in two ways: independent management and non-independent management Sovereign funds are one of the most important and prominent forms of state intervention in investment activity, as the need for these funds increased after the global financial crisis The mortgage crisis of (2008), where it reached more than (90) sovereign funds in multiple and different regions of the world.
These funds manage oil surpluses and other various revenues of the State and then exploit them in all aspects of investment activity available to face future financial crises, in addition to supporting the private sector and stimulating investment to achieve the well-being of peoples and saving for future generations.

Maritime pilotage is considered one of the important operations that regulate the passage of ships entering or leaving the port, which aims to protect ships on the one hand, and protect port facilities on the other hand. The captain often faces dangers while entering or leaving ports or channels due to the presence of natural or industrial obstacles, so the captain resorts to the help of the marine guide, who is more experienced and familiar with the specifics of the port, including safe paths and obstacles. And many countries’ legislation requires that guidance in ports be compulsory, and despite the importance of this process, it cannot be ruled out that some violations occurred from the captains of ships, which cause many losses that negatively affect the movement in ports, so some legislations tried to impose financial fines On ships in violation of the regulations And special instructions for each port.

The aim of our tagged research (the concept of membership in parliamentary councils) was to research everything related to parliamentary membership in terms of clarifying the definition of membership and indicating its types, as well as researching representative councils, their types, and the position of constitutional legislation in this regard. After research and comparative analysis, we find that there are advanced definitions of parliamentary membership, and that parliamentary membership is organized into two types: membership by election and membership by appointment. Parliamentary councils are also divided into two types. Finally, we reached a set of results and proposed a set of proposals related to the subject of the research. These results and proposals are necessary in order to organize membership in parliaments better than they are.

The legal system of the state consists of a set of legal rules graded in mandatory force, and these rules, some of which are contained in the constitution, some of which are contained in ordinary legislation, some of which are contained in international treaties and conventions, and some of them are contained in regulatory regulations and decisions, and the State Council interpreting those rules must have reasons justifying it, as the practical reality reveals that there is ambiguity or lack of some legal rules or the existence of errors or conflicts in others.

Since the legal rules are the outcome of an in-depth study issued by the legislator, their words must express his will clearly without being ambiguous and confused, in order to avoid later resorting to interpretation to search for the will of the legislator, as the purpose of interpretation is to search for the real will of the legislator and this is by searching for the phrases of the text and then searching for that will, as there are boundaries between the enactment of legal rules and their interpretation, so the interpreter should adhere to the limits and controls of interpretation It was therefore incumbent upon those who assume a function that requires the interpretation of legal rules to take note of the methods and means used to understand legislation in order to reach the will of the legislator without exceeding or deviating from his function, which enters into the legislator's function of enacting legal rules.
It is known that the intention of the legislator is not limited to the close meaning of the text, but includes what is beyond and deeper than that, and that the task of interpreting legal rules is to search for the will of the legislator in the phrases and words contained in the texts of the legal rules issued by him.

The problem of conflict of laws, as one of the issues of private international law, is based on a number of rules, and these rules would apply to the moral right relations of the author, if these relations meet the necessary conditions for the emergence of the phenomenon of conflict. A special legal relationship of an international nature, in the sense that the relationship is the subject of the conflict of laws from the relations of private law, and that the relationship is linked in one or more of its elements to a foreign law, which is the element of the persons, the subject or the originating cause, and it is also necessary for the emergence of the appearance of conflict to be inconsistent between the competent court by examining the dispute in the legal relationship, and between the law applicable to it, and the multiplicity of laws that display its susceptibility to governing the relationship in question, because the solution to the problem of conflict requires the application of the most appropriate law for the rapport relationship, regardless of the status of this law, whether it is national or foreign.
In fact, this is what applies to an aspect of the legal relations related to the moral right of the author, given that the moral right is one of the rights of the personality, and it is one of the rights regulated by special laws, such as civil law, commercial law and copyright protection laws, if this relationship extends with one of its elements outside the borders of the state , be related to the law of more than one country, and if the law of the court considering the dispute allows the application of foreign law, and the laws to which the legal relationship is related are among the special laws that are applicable to the concerned relationship, then the relationship arising from the moral right of the author becomes a subject of conflict of laws , and a place for applying the solutions produced by the conflict in the field of private international law relations.
Therefore, this research focused on studying the mechanisms of conflict of laws in the moral right relations of the author, which are the relations that arise from the exercise of the moral right at the international level, or arise from acts of transgression that affect this right across borders, with the aim of finding out the extent to which these relations are capable of establishing Conflict of laws regarding them, and therefore their subjection to the legal protection granted by the rules of conflict to the relations within the scope of their implementation.

Litigation is a constitutional right, and it is the pillar of basic freedoms and the pillar of every democratic rule. No matter how great the public rights and freedoms conferred by the democratic system, they will not establish the right to litigation. The right to litigation must be guaranteed by an explicit text in the constitution, as it is the gateway to protecting rights and freedoms and consolidating the pillars of legitimacy. The constitutional legislator was keen to formulate the legal and constitutional rules through which the rule of law is achieved. The researcher believes that the judiciary is the balance of legitimacy in social life, so it is not subject to dispute resolution on its own, as the stakeholders must ask him to do so in every dispute, and this is achieved by exercising the right to litigation. Through the lawsuit that is brought to the judiciary to adjudicate it through a set of legal procedures, therefore, the researcher believes that the exercise of the right to litigation presupposes the establishment of a dispute that can be settled by one of the courts of the judicial authority.

We present in this research, the discretionary power and the restricted power.
the discretionary power defined as the freedom of wide management in making or not A decision according to the law.
With choosing the time to interfere. And the legislator doesn’t take a previous role in making its path.
And the restricted power is unable to move and restricted by legal rules by the legislator who made its general frame.
The discretionary power has three ranges, and its base are scientific, technical and legal.
And its built on the positive theory and the negative theory which both received wide criticism.
And there are factors affect the existence of the discretionary and the restricted power. And there are justifications to permit the discretionary power and they are valid reasons for that grant.
Ans there are factors affecting both the discretionary and restricted power.
And there are differences between the discretionary and restricted power

The marital relationship is based on a set of mutual rights and duties between the spouses, and if any imbalance occurs, the affection will cease and be replaced by harm and harm, because the purpose of the marriage contract is to protect the spouses and make each of them a dwelling place for the other. This can only be achieved by affection, kinship, and mercy between the spouses, but marital life may be disturbed between the spouses for reasons, including what is due to harm issued by the husband, and others due to harm issued by the wife, and this last of them is either material or moral damage. Therefore, if the marital life is dominated by joint harm, i.e. from both parties, whose impact is not limited to them only directly, but extends to the children indirectly, then life between them becomes impossible. There is no solution left for them except to demand judicial separation of the damage, which is the direct effect that results if life becomes impossible between the two parties, and the joint harm that leads to the separation is required to be serious and makes it impossible for the continuation of the life of the spouses, while the indirect effect is represented by what befalls the children as a result of this joint harm. Family disintegration is one of the most important effects resulting from the damage.

Commercial companies work hard to achieve the purpose established in their contract, by taking the necessary and required procedures that ensure the company continues its activity or the commercial project for which it was established, and then we find that there are different roles for the administrative authorities in the company that take upon themselves to carry out many procedures in order to Rescue the company from the state of stumbling that it is going through, and this procedure is in fact a corrective control procedure for the company’s work aimed at maintaining the company and its commercial activity, as the general assembly, which is the highest administrative authority, takes appropriate decisions in the event that the company is exposed to material losses by a certain percentage by reducing the company’s capital or increased it We also find that the board of directors of the joint-stock company performs many corrective and precautionary roles for the company’s work, as well as the shareholders playing this role, in addition to the company’s auditor playing this important role by expressing his opinion on the company’s final accounts and submitting the necessary reports on the company’s financial position, but the question that is raised Here, how effective are the measures taken by the above authorities in correcting the company's work?