Journal of college of Law for Legal and Political Sciences

The issue of cultural security is considered one of the most vital issues raised by the contemporary international reality in light of the wave of cultural mixing between peoples due to globalization and technological development. Without it, cultures would not have differentiated and societies would not have differed, and it is an extension of national, economic, political and military security based on respect and appreciation of cultural specificities among nations, as the security of states remains one of the important issues whose methods of achieving differed between wars and conflicts and between cooperation, consensus and partnership ... etc., especially In light of the challenges it faces and new variables, starting with globalization, migration and displacement, ethnic conflicts, in addition to the massive development in the means and technologies of communication left by penetrating the sovereignty of countries, where it has become difficult to preserve the components of their identity, production and cultural property, which represents an urgent strategic necessity. To ensure that it remains independent, strong and united, which has negatively affected international peace and security.

Medical liability, witnesses a remarkable development in the standards and controls governing the rules of the doctor's profession, throughout the technical development in the means of treatment, in a way that has become a priority of the doctor's tasks in addition to his usual work to provide treatment for healing. In view of the scientific development in the means of treatment as well as the expansion of the cycle of liability due to the practice of medical work through medical teams, particularly in surgical interventions, this emphasized the doctor's need to ensure the safety of the patient and not to put him at risk.
Islamic law deals with this heavenly principle, in addition to constitutions, international conventions and charters, notably the Universal Declaration of Human Rights, and (The medical ethics/L'éthique médicale), in particular in cases of violation the right of privacy , to increase the doctor's liability for the achievement of damage due to his breach of the basic obligation of ensuring safety because of his substantive association with human rights, first and foremost the right to private life and the right to respect for human dignity, which resulted in the emergence of the idea of independent damage, and how to repair that damage through compensation as a penalty for achieving the civil liability of the doctor.

In the context of contemporary international developments in customary international law, a fundamental issue has emerged to the reality of international interaction, which has been strongly raised within the framework of the international legal system, after the International Court of Justice addressed many cases in which it recognized the right of the state to exclude the application of the customary international rule because it objected to it at its inception and continued to Not recognizing it. This matter encouraged a part of international jurisprudence to deal with this issue with great interest and to defend what was termed the “permanent objection rule.” The rule, knowledge of its concept, legal implications, and the most prominent international applications of it within the framework of the judiciary of the International Court of Justice. Hence our study came to find out the legal framework for dealing with the objection to the application of the customary international rule and the essential conditions that must be verified for the purpose of the work of this rule and the extent of the benefit achieved from it and what are the negative effects arising from it for the purpose of formulating clear and specific ideas about it in a legal perspective based on objective premises dealing with the idea of the international obligation arising from the customary rule and the possibilities of excluding its effects in some cases or some areas according to clear determinants

The theory of unexpected material difficulties is regarded as one of the judicial theories found by the French state council .if the contractor with the administration is subjected to exceptional and unexpected material difficulties and is against the willingness of the two parties and then lead to change of the economies of the contract, resulted to an additional cost and difficulty in carrying out the contract. In this situation, the contractor has the right to a judicial request to financial re-balance of the contract and the court should give him a judgment of compensation to the complete damages.

Almost no continent or specific geographical areas are free of international disputes, whether between some of its countries or with countries outside the continent Concerning territorial sovereignty or territorial claims of amending or settling land boundary or claiming the ownership of marine areas, islands or rivers, These disputes may develop from peaceful to non-peaceful situations (armed disputes), Therefore, research in it acquires its importance and vitality from the seriousness and sensitivity of its subject for countries, And because the research on the disputes of Central American countries did not get its deserves by researchers in the Arabic language, so it seems to be a rare subject that the two researchers entered- after what it required from basic theoretical premises from the core and reality of public international law and its jurisprudence and the role of the International Court of Justice – about they dealt with the territorial disputes that arose between some Central American countries on sovereignty and boundary, In three sections, the first included the theoretical framework, The second included the El Salvador-Honduras dispute and other boundary disputes, And the third includes the dispute between Guatemala and The united kingdom on Belize (British Honduras). Also, the question of sovereignty on the Panama Canal.

If the debtor does not voluntarily implement his obligation, then it is enforced against him by force, and the implementation in this case is described as forced execution. For the state to carry out its duty to apply legal justice between people, and if a person in the state of law may not require his right in his own hands, just as the right holder needs to resort to the judicial authority to obtain a ruling that proves his right in a civil confrontation, he also needs to resort to the authority The enforceable execution is not far from the idea of procedural extension, as this extension or expansion may occur in the elements of forced execution, whether in the parties to the executive transaction or in the subject of forced execution, its cause, or may This extension occurs in the phases of forced implementation or in its disputes

In order to increase the range of comparative legal studies in Iraq, the translation of the Iranian Civil Code into Arabic has begun, and we provide a sample of this translation in the contract of waqf from Article 55 to Article 91 because it is not addressed by Iraqi civil law and The Iraqi legislator did not address it in an integrated manner in one place. Also to receive observations, opinions and proposals from specialists in civil law and in Islamic jurisprudence to develop this long translation, especially as it is currently being prepared.

If the sidewalk, which is the part of the street for pedestrians, located as a corridor along its sides according to planning and engineering standards, and which separates pedestrian traffic from vehicle movement, to limit the interference between their two movements, and to provide a safe space for pedestrians, in addition to what it provides for its service for other purposes, Municipal property is public ownership and earmarked for public benefit, the berth space is owned by the municipality and designated for public benefit, depending on its origin (pavement land), given that the ownership of the land includes what is above it to the useful extent, and general rules are decided. The sidewalk space is the space corresponding to the boundaries of the sidewalk land and extending from it higher, from which the municipality's utility ends at the limit that exceeds the necessary for the sidewalk to perform its prescribed functions towards its users. With the end of the actual use of the owner (the municipality) from the space of his property (the sidewalk), its use begins by force, so that the law allows it to sell the space on the sidewalks of the streets to the owners of the properties overlooking and adjacent to the sidewalks for the purpose of using it in the building extending from the upper floors of their property buildings to expand the area above the sidewalk. So that this constitutes a roof over the sidewalk as a legal exploitation of its space by purchasing that is documented in the real estate registry records in the names of those owners, and that is beneficial to all parties.From the municipality, owners and users of the dock. However, the legal regulation of pavement roofing raises in some of its provisions legal structural arguments, and visions that its legislator did not notice or noticed in a different way, and this is what we sought in the research to try to access it in a brief trial that we evaluate for its texts to diagnose its defect and prescribe to him a remedy from the law we see

The research topic is to explain the role and impact of the fundamentalist rules that have been established and worked on by fundamentalists over hundreds of years in understanding and deconstructing legal texts and extracting judgments from them, through the application of the process of legal reasoning. The rule of law, which means interpreting the rules and applying them to concrete circumstances, balancing between principles, settling disputes between provisions in the system for the law itself, following precedents, and determining a solution to the cases under consideration ”(). As for us, we define legal inference as: (a mental effort of the judge or any A legal specialist is based on determining the evidence or legal basis for the presented incident, and the determination is either direct or indirect through the interpretation of the legal rules)The importance of research: We believe that fundamentalist rules are of great importance in every science that deals with a written or spoken linguistic text. Third: The research problem: The research problem is embodied in the lack of clarity of the features of the relationship between the fundamentalist heritage and legal inference, so we do not know whether it is a relationship of convergence and convergence between the two terms

The central filing and depository system does not aim to merely exercise the function of custodianship of securities, similar to the deposit contracts that link banks and other custodian institutions to their clients. Banks and preservation institutions, and the consequent obstacles, difficulties and costs in order to preserve and care for these papers.
This system came to eliminate the tangible supports of securities and to replace them with book accounting entries, as the records kept by the competent authorities in the activity of registration and central depository will replace the records that were kept by the issuers of securities so that the records of the latter must match the records of the central depository.
As a result of this transformation, the physical entity tangible for this paper is cancelled, so the central deposit of the security with the competent authority leads to the demise of the physical entity and its transformation into a mere account entry.

The issue of electronic contracts in e-commerce has become recently a fundamental pillar in worldwide economy. Similarly, the classic adhesion theory seems to be incompatible somehow with the new generation of commercial e-contracts particularly in its terms. The classic one has three terms for having adhesion existed, while these three terms are incapable entirely to apply to the abovementioned new generation of contracts. This has amplified the need for a new theory of adhesion for such contracts. As a result, the core question of this research is going to be:Are electronic commercial contracts really adhesive? If so, is the classic adhesion theory applied to it in its old terms and conditions? Or there is a new solution?
Subsequently, in order to reach the answer for such a question it is necessary in this research to make a comparison between the Iraqi provisions with the Egyptian provisions in return in terms of adhesion, whether or not to apply to e-contracts. Consequently, as a result of this comparison and analysis, a new theory of adhesion has emerged for e-contracts that seems familiar to the classic one but not entirely, this is to say that the new theory has shortened the terms of the classic theory into two conditions instead of three ones

The preparatory procedures for concluding the administrative contract play an important role in its formulation and ensuring its implementation according to the conditions agreed upon between the contracting parties. The preparation of bid documents is almost the most important procedure among those procedures, Because it represents the contractual basis for them, and hence the administration must be accurate when preparing these documents; Because it is the one that puts the other party aware in advance of the content of the contract that will be concluded, and it must abide by the provisions of the laws and instructions regarding the bid documents in terms of their preparation, contents, modification, and sale; Since these provisions differed in their content; Sometimes the administration was given discretionary power, and at other times it was restricted from its powers.

The grave violations of the rules of the international humanitarian law are those violations committed against persons or property enjoying the protection of international instruments and conventions. The four Geneva Conventions of 1949 mentioned these violations clearly and explicitly in the First Convention (Article 50), Article 51 of the Second Convention, and Article 130 of the Third Convention, Article 147 of the Fourth Convention and Article 85 of Additional Protocol I of 1977 annexed to the Geneva Conventions, where these articles list a range of acts that can be considered as war crimes. The concept of grave violations has witnessed a remarkable development at the hands of the international criminal justice in the temporary international criminal courts (Yugoslavia, Rwanda, and the International Criminal Court in Sierra Leone - Cambodia - East Timor) is clearly established in the ICC system, however, the importance of penal deterrence for these violations is highlighted by obligating both contracting and non-contracting parties to respect the rules and principles of war and the principles of international humanitarian law.

The closure of the foreclosure of the subjects related to insurance in kind since it was common Arabs in ignorance that the current, unable to perform its debts mortgaged mortgage money out of the ownership to the creditor of the mortgagee, so the closure of mortgage is a term used by Islamic jurisprudence to include the case that the creditor agrees mortgagee With the current debtor that when the debt is due and not fulfilled, the mortgagee will have the right to own the mortgaged property at a price equal to the debt owed or at a higher or lesser price, because it weakly explains the position of the current debtor whose religion is often believed to have been fulfilled, If the mortgage contract is agreed upon To this condition, the condition alone is false, but the mortgage contract remains true, but note that sometimes the subject of foreclosure in the life of the transaction and transactions between individuals has its benefits and importance, but the condition of the establishment of specific restrictions so as not to be excessive in their application came the Iraqi legislator in the text of article 1301 of the Iraqi Civil Code by virtue of the absolute nullification of the mortgage clause and not as facilitated by the Egyptian and UAE legislators in the possibility of closing the mortgage in specific cases,

The importance of the research begins as it deals with the costitutional issues, with skills of the president administration of his power exceptional circumstances.As president of the executive authourity as it established in the American constitution.And the additions that he obtained as a result of practical reality.In addition to that exceptional conditions allow knowledge of the assumption and conditions or justifications that lead the expantion of his power and executive powers in crises and disasters leading to rationalization or the assessment of the various powers regarding it between who justifies it and who opposes it ,situations and factors that can fluence or limit it.

Since 2007, a significant number of private sector refineries have been refining crude oil without any legislative basis, legal regulation and obtaining administrative license. Likewise, they do not consider any global standard to protect the environment from pollution and also people health during practicing their activities which the environment and people may be seriously injured The basis for compensation regarding the injured people by the crude oil refining companies is the general rules stipulated in the Iraqi Civil Law. Based on these rules, in other words, the plaintiff must prove the causation as one of the elements of civil liability. This means that the means can be used by the injured are the traditional mechanisms including the theories of effective cause and equivalent causes. The damage like other social phenomena, however, is not due to one cause or factor; rather there are many factors that participate in resulting it. The difficulty appears more when several factors and causes overlap in their importance and in the degree of their connection with the act, actor and injured. Therefore, in these cases the two traditional theories which are already mentioned might not be appropriate methods to prove the causation. To overcome this issue, therefore, this study applied an analytical and comparative approach to explore the modern mechanisms that exist in modern legislation and the American Judiciary in which the plaintiff can prove the causation through them.

The issue of administrative dimensions is related to the issue of freedom of movement and freedom of residence. A person is free to choose this place of residence on the one hand, and on the other hand, the state has sovereignty over its territory within its own territory, and for this, states set internal laws and administrative procedures regulating the entry and exit of foreigners to the state’s territory and in If he does not meet the legally required conditions, he is not allowed to enter, and if he enters illegally.
The administration removes him by issuing an administrative decision, but in the case of his legal entry, but he lost one of the entry conditions and there was one of the reasons that will be mentioned in this research, he is removed from the territory of the state through some procedures and an administrative decision is issued to expel him and this will be the subject of our research However, this does not mean that the foreigner does not enjoy any guarantee or protection. The administration forms a committee before the issuance of the deportation decision This is in addition to the ability of the foreigner to appeal and challenge the decision issued against him. In the event the appeal is rejected, he is given a period of time to liquidate his interests. All of this will be addressed in this research from the definition of administrative dimensions and their causes and distinguishing them from other procedures and similar ideas and their legal nature and procedures of deportation with judicial oversight over it.

The merchants or the economic enterprises seek to achieve profits. For that, they enter into competition with its counterparts to obtain economic power and rise to the dominant position over the market, provided that assuming this position is not prohibited in itself.This is so because the competition requires maximum efforts in order to reach the desired goal. However, there are several resiresrtion rules. One of these rules is the consderartion to abuse the economic capacity and the dominant position to restrict and prevent free competition by excluding other competitors from practicing economic activity in the market. And it is through the legislation boundary between the two matters should be skched. Since the telecommunications sector was liberalized and transformed from a planned central monopolistic system to one based on a free market economy and competition, this service providers must be entered into a competitive struggle to gain the largest possible number of customers and the highest profits. This way of entery sometimes resorted to some anti-competitive practices. Perhaps the most common ones which focuses on pricing services not only through excessive or unfair pricing that is achieved by selling at a high price by the dominant service provider, but also by selling the service at a price lower than its cost in order to expel its competitors and acquire their market shares. This is what is called in the legal doctroine and legislation of competition by predatory pricing. Or it is selling at different prices to different buyers despite the similarity of their contractual positions, and this is called discriminatory pricing. In one way or other, these behaviors and practices have negative effects that are reflected on the consumers with the price disturbances, for example by exclusiding of competitors from the market and favoritism towards each other and in the general economic system with market imbalance. As a result, both the competitions and communications comparative laws and their concerned administrative bodies have taken over to address the above issues. This is by providing rules and provsions that balance between narrow and expanded rules in the light of reasons of each law with a variety of applications. In doing so, we attempt to present a coherent competitive system for the Iraqi legislator, as well the Kurduish legislator, in this comparative study. This is through, one the one hand, how they can confront “abuse of the dominant position in the pricing of telecommunications services” in a way that ensures a balance between freedom of competition in the telecommunications sector, and to maintain competition in it, on the other hand.

It is not possible to build rulings, whether legal or legal, by those concerned with the matter without relying on a rule by which to base an object. The prohibition, as the nullity of the thing is ruled by violating a rule that is forbidden in the evidence of the legal rulings.

The oil service contract concluded between the oil-producing state or one of its public institutions or bodies with the foreign investing company entails some obligations on the contracting state towards the company. Undoubtedly, these obligations vary according to the different type of service that the state contracts with the foreign party for, except that In general, one of the most important obligations of the oil service contract is the obligation to provide the appropriate environment by the oil-producing state for that company in order to enable it to perform its duties, and it also has the obligation to perform the financial rights due to