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

Freedom of peaceful protest become one of public freedom and most significant and effective on individual and society, and it is no longer as inaccessibility in Arabian homeland, it is become clear this freedom available because of what happen by effect of this freedom in Arab countries. The significant of this freedom lies in of what it represent as one of important abreaction outlet of political non political opinions, it is has great part to enable people role to participate in politician, and also consider on of pressure means which practice by people on rulers for push them to adopt them decision . This research divided to two topics, first topic dedicate to right concept from where, second topic it had been specialize to guarantee this legal right whether institutional or administrative .has been reached to the conclusion more significant are, the peaceful protest right one of constitution grantee rights even if it not mention in constitution document it remain one of original rights, constitution determine right but not reveal it, the constitution judgment has great rule to protect this right by stop the implementation of the orderly law to protest if this law was unconstitutional, or object on it before issue it , Coalition Provisional Authority in Iraq order no 19 year 2004 didn’t mention to contestation on decision relate to protest . The freedom of expression law project and peaceful protest assign to the court of first instance task to relate the appeal on the right. The most important of conclusion represent by there is obvious legislative lack at Coalition Provisional Authority order no. (19) Year 2003 so that we suggest acceleration to lawmaking law organize right in freedom of peaceful protest. The project of freedom of opinion expression and gathering and peaceful protest in current formula unjustly to the individual rights so that the Iraqi parliament reconsider this project, in case of issuing the freedom of opinion expression law and gathering and peaceful protest in current formula so that the federal court has to take its part in this field by abolishment of individual right to peaceful protest .

Resort governments in many countries to take measures to confront all who threaten security and public order in the State or trying to overturn the regime or change in shape, so is the arrest or detention of persons of the most important measures that depend upon the executive power to impose its hegemony in the country under the pretext of the existence of exceptional case had to impose a state of emergency as a result of the vulnerability of many people for an assault on personal freedom of detention, in violation of the rules of legality under the pretext of a state of emergency and the subsequent inhuman treatment during arrest and after, so we decided to highlight the guarantees detainees in comparative legislation (France, Egypt, Syria and Yemen) and compare it with the Iraqi legislation and through the division of the research topic into three sections devote the first section of the definition of detainee, show in the first requirement, the concept of the detainee, and speak in the second requirement from the classification of the detainees.
And dedicate the second part guarantees detainees during arrest and in two, show demands in the first requirement, the competent authority to arrest, the second requirement for the rights of detainees.
The review in section guarantees the detainees after arrest in two, demands show in the first requirement the supervisor of the detainee, and dealing in second requirement guarantees detainees inside the prison.
Finally, we conclude our most important what we will achieve by the findings and recommendations.

Leasing of uterus or what well known with " proxy uterus" is considered one of the newest bonds which was widespread in the west world like USA and Europe and them become common in the Arab countries , this matter gives big chances for spouses to have a child with relying on a foreign woman's uterus to incubate a fertilized egg for a two parents who are unable to get birth against a specified amount of money paid on birth to that foreign woman , but this bond ignites a bunch of legislative or legal problems notably what related with its nature or with its legitimacy , probably most dangerous part of this issue is about determining the lineage of the new birth by a modern technology method.

The trial is considered the most dangerous and most important stage on the future of the accused. It is the last stage in which the word of disjunction in the raised lawsuit is said against him and accordingly, his destination is determined. Therefore, all countries must provide the necessary guarantees to safeguard his dignity and save his position, by submitting him to specialized courts established by law and administered by neutral and independent authorities dealing with everyone equally, giving him opportunities to defend himself, paying the charge against him and enabling him to choose a representative for performing his matter. This is a characteristic of the democratic state which is committed to what international treaties and charters for human rights call for.

The accused enjoys during the trial, several guarantees. They are multi guarantees including those related to the authority to consider the case, and which should be independent and impartial, and those related to the basic principles of criminal procedure as a principle of legality in criminal proceedings, and the principle of non-retroactivity of criminal law, and the principle of non-judging in crime twice, and the other relating to the basic rules governing those actions, namely publicity and verbal, and the codification of the proceedings and the adherence to its borders, that is to be done in the presence of the accused. There are other safeguards relating to the right of the accused to defense, which is to be treated on an equal footing in criminal proceedings by the specialized authority , and enjoys the same rights as enjoyed by his opponent without any discrimination in any form, afteBr he is taking note of the charge and the content against him, and has the right to have a lawyer and an interpreter if he does not speak or understand the language of the court, in addition to the right to listen to the witnesses and accountability, and not forcing him to testify on himself.

the contract is the most important sources of obligations, and because it is a means first and the basis of trading and transmission of wealth, What is this decade , but confluence resulting effects recognized by law , If such a meeting does not need to be finalized to a certain formula , the contract was consensual , and this is the basis of contracts. The principle of consensual contract, meaning that the latter is held by Aradtah , but Aictml meaning of this principle unless it has been interpreted enough that compatibility of the contract , and that this is enough is what made the basis of principle does not require special situations for this session , Valredaúah , then , is the adequacy of the will to set up act. However, the provisions of the law are determined by the extent of the adequacy of the will to consider disposition consensual or he needs to pro forma certain Vmdy requirement formalism in contracts formalism or the necessity of delivery contracts in kind, is a legal obligation determined by the legislature sense of it that it is one of the requirements of the contract . Since the contract donation is a contract formality , and expressly texts of legislation , the omission of a formal contract this which inherited the invalidity of the contract at all, and therefore may not be corrected unless commissioned again, either vacationing , accidentally or another , he is making to Atqrh general rules, contrary to Maastqrt upon the principles of Legal , however, has allowed some of this legislation leave a donation if void in terms of shape defined by the law , although he did not replace an agreement between such legislation , in addition to being replaced diligence jurisprudential and legal and widely, because of being considered a departure from the rules invalidity of public contracts. Here it is, specifically, was selected to the subject of our research , which includes a clear picture of what is contained in a formal donation contract and vacation when nullity form , whether that these lead to the correct leave the contract, or is it to renew him ? The views of scholars in this regard , in addition to judicial decisions.

To know the position of the international law of intervention in Iraq in 2003, we must explain the justification put forward by the coalition countries to justify military intervention in Iraq, starting raised justification Iraq's possession of weapons of mass destruction that threaten international peace and security, through the relationship of the former regime to al Qaeda, the terrorist responsible for the events of 11 / 9/2001 Having proven a lie these apologists raised justified another is the need of the ruling dictatorial regime change and the establishment of other democratic system that respects human rights and be a model for the Middle East countries, but all of these justifications proved to be false, even after for the intervention and to this day has not discovered evidence one confirms Iraq's possession of banned weapons.
The justification system linked to al-Qaeda has not been substantiated, too, and the last justification is inconsistent with the right of peoples to self-determination through the selection of the appropriate sentence her system so this intervention is a violation of the right of the Iraqi people to self-determination and self-people are is change the dictatorial regime to a system democratic.
It may also differed legal qualification for the intervention of these forces in Iraq Beginning claimed that the intervention is part of the defense of preventive self-theory for the prevention of the Iraqi threat alleged, then raised the implicit mandate given to them under Security Council resolutions theory, but these previous adaptations do not apply to intervene in Iraq because the air conditioning right to intervene is an aggression against the State and the people of Iraq and our guide in the General Assembly Resolution (3314) of 1974 on aggression as defined Article (1) of the aggression that (the use of armed force by a State against the sovereignty of another state, territorial integrity or political independence ...) This definition applies to fully enter the coalition countries in Iraq, and it becomes a conditioning coalition's intervention in Iraqi affairs countries aggression.
The Security Council has worked to determine the legal status of Iraq from the international side in the light of the decisions issued by, and most important of Resolution No. 1483 of 2003, which considered the US and British forces occupying forces without condemning the intervention or require intervening forces Withdrawal from Iraq, then issued Resolution No. (1511) 2004, under which were turning the occupation forces to the multinational forces, and has remained the Council follows the case of Iraq until the conclusion of the Agreement between the Republic of Iraq and the United States on the withdrawal of US troops from Iraq and the organization of its activities during the temporary presence in 2008, which identified the relationship between the two parties.

Requires the conclusion of the contract administrative follow a series of legal proceedings referred to by the instructions and implementation of government contracts (1) for the year 2008, amended and other instructions window and the announcement of the tender is one of the measures to be followed by the Contracting Authority for the purpose of concluding the contract to be executed by the administration, which aims through Media audiences interested in the subject of the contract willingness administration in the conclusion of the contract and therefore it needs to means certain published in daily newspapers and widespread and webpage and bulletin board in the contract in addition to the possibility of publishing in other media such as television and radio according to the importance of the contract and estimate the contract, and the announcement the tender differs from the invitation letter directly in the public tenders the fact that the latter is limited to companies that will guide its advocacy and that got them approvals fundamentalism for the nomination and invited her, in addition to that for does not require companies to provide initial insurance (1%) of the bid amount and the companies in calling for the direct supply of documents for free.
And that the announcement should include a set of data that will serve their purpose of advertising in informing audiences and those interested in this activity in the willingness of the administration the conclusion of the contract which stated tender name and number, tabulation and a brief description of the project and the purchase price of the documents and the date of the closure of the tender and the duration of the bidding and the amount of the bid bond and documents ruling and the date of the conference your bidding ... etc. It may happen that re-announced tender because of the lack of corporate bids within a period limited to present or submit a bid only one during the period of the bidding, but that in the case of more than one tender was one of them acceptable artistically and commercially, it is accepted and walk proceeding analysis and evaluation of the tender and assignment by the financial powers vested in the President of the contract.
Must also dont forget measures certain when re-announcement of the tender, including seeking the approval of the President of the contract or his nominee to re-Advertising and determine the duration of Advertising and inform the bidders participating in the tender and entities designated this and investigate the reasons for non-participation and adoption of the sequence of the tender if the re-advertisement in the same year.

Contract of sale of things future of important contracts at the present time, this decade, many falling into the practical life example of the sale of the factory owner for cars before manufacture and sale Author book before completeness and selling lottery tickets all these sales could exist in the future, and is different from a contract of sale stuff of future selling things present and if the latter is sold either exist at the time of contracting, the first Sales does not exist at the time of contracting, but unlikely to exist in the future and Taana eye "denying" of foolishness outrageous and ambiguity
The contract of sale of things future where sales potential presence in the future, His presence may be suspended on the condition and standing, if not this condition is met show a problem how can the seller that meet its obligations towards the buyer as well as the case if the contract is probabilistic depends on luck and hope is the presence of Sales in Future If there is no sales how to fulfill the obligations of the seller. This may be the contract is a contract probabilistic and which stops the extent of performance to be on one of the parties is not an investigator and unknown time it takes place no one can determine whichever is the amount that you take or the amount by which gave even located This is an example of such sale price is the salary of alifetime income.
In terms of the impact of this decade it differs whether disabled on the condition and standing it depends on whether or not the condition or if this probabilisticdecade.