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

Every Act would done by a person, whether a natural , moral person must be organized in a manner consistent with the subject matter of the act on the legal relationship of the parties which may affect this act . Perhaps this is the legal organization of the life‘ s essence .
In the field of the organization relationship constitutionally, we find that for every action among individuals and one of the state authorities or among the authorities of the state itself, within Restrict organized and prevented from misused, otherwise we are in the scope of absolute power, which is without a doubt the "Wrong" , according to Montesquieu.
This is because of the requirements of the principle of separation of powers that be for each authority to exercise its functions independently, except that independence should not be understood as absolutely no organization, but to put certain Restricts to it .
The restricts which governing the issue of the dissolution of parliament is certainly multi-some of which is a former dissolve , including what later, but the constitutional regulations for These restricts were mixed, there from the restrict almost to be agreed upon by the constitutions of states replace comparison, while we noticed that there are limits to take out some of the constitutions Without each other, as that of the border explicitly what has been organized at the essence of the Constitution, some of which came within the general rules laid down in the Constitution, or it can be inferred from the findings .
These restricts Formalities Prior To The Dissolution of Parliament was not organized in the Iraqi constitutions , which made specially the case in the 2005 Constitution which took starting weakest type dissolution It is self-consistent dissolution with only agreed the Assembly Government system, despite the fact that the text of the first article it showed the nature of the political system adopted a parliamentary system which is based on the principle of balance between the two powers through the paint to the constitutional restricts to be achieved between them.
In the face of that sacrifice missing balance in the constitutional text as it is in the political application of the Constitution, where the dissolution will make the Parliament absolute Authority and not bordered by any other Authority ,because has been self-consistent . This constitutional organization in turn impact on border duty to stand at when intended dissolution of the House of Representatives came these restricts which do not meet them hoped to establish a political system that is intended to strike a balance in the constitutional and political life.
In the face of it has've included a number of recommendations at the conclusion of the search hoping to find resonate when they intended to amend the Constitution of Iraq, and these recommendations, which we hope to fill the blank of the shortcomings and deficiencies in the Constitution.

The importance of elected local councils under the administrative borders, from being authorities proceed with administrative tasks and services that meet the needs and interests of the population, under the control of the central government .
This research revealed the importance of the methods of local councils and conditions of the membership, choose the presidency and the period of its mandate .
This research explain the importance of functions performed by local councils, but it is determined by the legal framework designed by motivations and political goals, which controls in the mechanism of formation. Also, it determines the terms of reference service and seizure, regulatory, financing, and subdue their work and decisions of censorship.
The plan of this research has been divided into three sections dealing with the methods of selecting the members of local councils, the conditions and period of membership, choosing the presidency and the provincial formation of the councils in accordance with the fourth amendment to the Law 36/2008.
The important results that have been accomplished : deleting the election’s denominator which violated the Federal Supreme court's decision No. 67/2012 because the court refused lawsuit complainants, and the three persons contained request distribution of vacant seats on the electoral lists, which achieved the highest number of votes was not up to electoral denominator.
For the same reasons, the court declared the decision to include unconstitutional the fifth paragraph of the article 13, because taking this will lead the votes of citizens from the candidate whose been voted for to the one who wasn’t elected. This means violation of the constitution.

The State shall guarantee the protection of the legal interests by a range of legislation dealing with maintaining the legitimate rights and preventing the gain is illegal, therefore the need arose to provide legal cover for punishment for attacks which lies on the credit card , because of the lack absorb texts that deal with crimes against credit card the presence of a number of fundamental differences between them and traditional crimes , as is the case in the crime of forgery .
Since the crime of fraud offenses detrimental to the public interest being targeted trust deposited by the legislator in the editors so had to punish all acts that wasted those rights , whether those editors formal or customary or credit card to ensure that the occurrence of a change for what they are, and this protection , such as what needs to be provided in the crime of forgery as well as necessitate their presence in the credit card fraud crime , although both types differ in a number of fundamental points in terms of the concept or the way they committed or in terms of the legislative and judicial treatment .
Based on the foregoing, held some of the conventions and international conferences to address the lack of legal protection for credit card fraud , has gone on that approach some of the legislation , including the French legislation , while not addressing other legislation , as is the case in the Egyptian Penal Code and the Iraqi this important topic and left it to the texts of traditional dealing with the crime of forgery needed to amend existing provisions to provide the necessary protection

Spin the idea of research on the implementation of the provisions of the Commercial Arbitration of an international character , as the parent is to implement the arbitration award is Rezai ( voluntary ) by the parties after its release , but may respond to this original exception given is reluctance of one of the Parties on implementation , or failing that , which requires judicial involvement in the process of implementing the provisions of the arbitration . Especially that the Iraqi position is clear of that issue , although indicated Iraqi Investment Law No. (13) for the year (2006) to the possibility of resolving what the resulting disputes by resorting to international arbitration , as well as the case for instructions and implementation of government contracts (1 ) for the year (2008) issued by the Ministry of Planning has approved the resort to international arbitration in the event of a dispute between the competent authorities in Iraq and the foreign party contractor , as it has entered into several Iraqi ministries, a lot of contracts with foreign entities has ensured that the contracts clause to resort to international arbitration in the event of a conflict between them , has chosen the laws of various foreign applicable to the subject of the dispute such as the law of England, and the Swiss , also opted for foreign entities to settle the dispute as a room of international trade in Paris , and the Cairo Regional Centre for international Commercial Arbitration and others, however, did not show the mechanism of procedure followed in the case of a the provisions of the arbitration on the basis of those contracts so that did not indicate how they are implemented inside Iraq when issued abroad , and all this with the lack of clarity of the texts of Code of Civil Procedure Iraqi No. ( 83 ) for the year (1969) on arbitration does apply to international arbitration or limited to the arbitration procedure, as well as the case for the implementation of the provisions of the law of foreign courts in Iraq No.
( 30) for the year (1928 ) , the other texts are different on the extent of coverage for the implementation of the provisions of international arbitration or limited to the implementation of foreign judgments .
This is what might push the state to uphold the immunity in the field of arbitration , whether the judicial immunity of the state and not to succumb to spend its courts other than national , or implementation of any immunity against non-implementation of the arbitration award issued against it.

Recently featured a lot of formulas contract that did not exist in practice , due to the evolution that has occurred in all areas of life , and this requires research and study these formulas contractual and their compatibility with the legal provisions established in the general rules , whether in contract theory or in contracts Unnamed , and these contractual formulas timeshare contract , which appeared in the field of tourism.

It is based contract on the idea that the investment of time to distribute the utilization of residential unit in the tourist places on more than one person , and aims to involve the largest number of people to take advantage of the housing units in the tourist places to spend the holidays or vacations or seasons religious , rather than to buy ( the beneficiary ) housing units not used unless a specific time of the year and the price may be a heavy price for being held without justification for their use for a month or more, or strive to look for housing units in the seasons of tourism rented it finds , it contracted with the owner of the unit residential property for the purpose of enjoying the right of residence in these real estate unit for a limited time each year may be one or two weeks or more for many years up to twenty or thirty years or more , while other contractors benefit from the rest of the time in a year.

The most important characteristic of this new contract that legally blending component location ( residential unit ) and the element of time represented by ( time share ) in which the beneficiary can use the real estate unit during the course of the year and over the course of several years.
Whether it is the right of the beneficiary of a timeshare is right for permanent or right temporary , the beneficiary does not benefit residential unit throughout the year , but alternating the use with the rest of the beneficiaries on the same unit throughout the year in the light of the quota prescribed time for each beneficiary , so we find some people call this decade Label ( contract or the right of residence alternately ).

The subsequent recovery return to previous nationality in specific cases under the law and that taking into account the considerations of justice that shows the person's desire to do so.

The cases recovered Iraqi citizenship and received limited in Iraqi Nationality Law No. (26) for the year 2006 so that the recovery consequent to return and become an Iraqi again had already become foreigners or stateless Iraq, as the consequent recovery of Iraqi nationality legal implications, individually and collectively.

The importance of the study highlight the individual's right to recover Iraqi citizenship, which had previously lost or abandoned by his own will for the acquisition of foreign nationality and the statement of the legal provisions brought by the Iraqi Nationality Law in force compared with some Arab legislation down to assess the position of the Iraqi legislature and make recommendations and proposals appropriate to help him overcome the deficiencies in the text of the Nationality Law of the Iraqi force.

We will discuss this research in what has been mentioned above in the two main axes, the first being: cases of recovery of Iraqi nationality, and the other in which we will look at the legal implications of recovery of Iraqi nationality.

As a result of technological development and widespread using of the machine in everyday life, which led to an increase in the reasons for the occurrence of damage and gravity, the French judiciary released the defect in the liability of negligence for the protection of injured because it is often difficult for them to prove the element of negligence for that the judiciary invented the liability non - living things and error based on a supposed proof .

Thus, the producer is responsible for gases or smoke from industrial installations. On the other hand, the French judiciary and the Egyptian developed a theory which called theory of segmentation guard , by dividing the guard on guard replaced thing to guard the composition be responsible product that thing and use guard be responsible user of that thing. Accordingly, this paper will be divided into two main points: the first is a statement of the rules of this responsibility, namely the responsibility for the non - living things, while looking at the second point theory of segmentation guard.

One of the most important subjects in the constitution law is the supplementary legislation because the constitution function is to show the public limits of the public authorities .

Sometimes the constitutional legislature give a kind of authority to the ordinary legislature to regulate some subjects in the constitution.
These subjects that will regulate by the ordinary legislation will issued by the legislative authority, is considered to be as a supplementary legislation to the constitution.

The supplementary legislation take different kinds in the constitution , and it depends if the constitution is rigid or flexible.

Also the supplementary legislations to the constitution is classified into many kinds that concerning to the legislations that relate to the governing issues in the state, and into the legislations concerning to the public rights and freedom.

Our study will focus on the French constitution that issued in 14 of October 1958.

The Iraqi constitution 2005.

The Egyptian constitution 2012.

The framework of the study will classify into the following:

First Chapter: The value of the supplementary legislations.

Second chapter: The distinction of the supplementary legislations.

Third Chapter: The classification of the supplementary legislation.

I was keen lawmakers to protect the stability of transactions between individuals to ensure that the prevailing law of the law to maintain the rights in their dealings, especially in the field of financial transactions, which represent the economic lifeline of any country, that protection that require care center the weaker party in the transaction of the dominance of the center of the powerful party, As for the lack of experience the first deal or for being infected with one of the symptoms of eligibility, such as insanity or dementia, or being injured as we call inhibitor natural (vowel double) which he collected between the two illnesses have a direct impact on his ability to express his will and deliver what he wants to do it of behavior to the other party who deals with him which requires legal protection it, Which is why we have to be considered the subject of our research, which divides the two sections allocate first to the concept of double vowels and divide it by two demands, and single out the second section of the provisions of the double vowels and eat in two demands and after the finale includes findings and recommendations which we reach through research.

The insurer is obligated according to the insurance contract to give a detailed information to the insured about all the risks to make the insured approximate the values of the dangers to avoid it. The insurer have to provide the information in two step.
First: contractual stage at the time of executing the contract because he is obligated to provide the information and it should be a writing questions.
Second: the insured is obligated to give the insurer about the circumstances in the period of execution the contract that lead to increasing the risks.

If the insurer was disable by giving false information or he kept the information there will be a penalty will be enforced represented by finishing it; and keeping the payment if he have a bad will, and if he have a good will he have to repay the payment to the insured.

The business environment and is characterized by the development of the ease and speed of transactions provide us day after day means compatible with life sophisticated business , and this is achieved by the scientific progress of the emergence of e-commerce , which resulted in the emergence of the idea of a credit card , which is one of the most important means of fulfilling electronic differ from means to fulfill traditional a plastic card swipe issued by banking institutions or financial viability of customers and carry some data cradle and the issuer , which enables the holder to get the credit facility by purchasing needs of goods and services without paying the price in cash , but enough to highlight the card of the dealer and the signing of the bill value purchases , where the issuing bank of the card fulfillment of this value to the dealer and then return for the holder to recover what he paid on the dates agreed , this means that the credit card tool of credit during the term granted to the holder of the debt which the tool and fulfillment at the same time , as well as , the credit card enables the holder to withdraw cash from ATMs of the Bank of the source of the card which operates 24 hours a day , as it provides the holder the possibility of dealing through the internet and repayment obligations under this deal through this card, note that the banks do not grant this card only after making sure the financial solvency of the client and get personal guarantees or in kind. Examples of credit card Visa Card, MasterCard and American Express card .

It was a case of Imamate/ Caliphate most serious issue in the historical experience of the Islamic and the testimony of Muslim Scholars all, the year they were or Shiites, this Abu al-Hasan al-Ash'ari view the first of the positions of thought Sunni and founder of the sect known his name, begins his famous articles Islamists and different worshipers, with an introduction highlights where the first What happened to the difference between the Muslims after the Prophet (r) is the differences in the Imamate, and thus counting the first speaker in the Sunni thought in the case of the Imamate, was actually the work of al-Ash'ari to establish a position for years on the issue of the Imamate four assets identified by Shafei.
Has worked hard to prove that the assets of the four (the Quran and Sunnah and consensus and measurement) decide (some from nearby and some from afar) that the Imamate or succession in Islam to be a choice and that the Prophet died and did not recommend for a imam after him, but leave it to the Shura among the people, and companions have walked this path I mean, course selection and the Shura Council, because that was the attitude that the dictates of Islam, it was not possible to violate Shara in the most important issue related to the lives of Muslims and Islam, nor that Accomplices to hide the commandment of the Prophet or ignored, this is the position Sunni, a position Aware of the statement generally.
The Shiites, it has been for them is still the position of abuse completely, where they are not Imamate issue of interest mundane entrusted with choosing the public and stands Imam appointment, but is an issue is considered one of the pillars of religion, is not permissible for the Messenger, overlooked and neglected, not delegated to the public and left EIRP without allocation.
In the case of the utmost importance, such as the issue of Imamate/ Caliphate does not facilitate the submission of proposals and advice, has always done a lot of scientists it has been tried since the intervals do roughly between the sects, however did not work that way too much, but we have to say to be achieving peaceful coexistence between different Islamic sects, particularly key isms and big mean Shiism and Sunnism, and try to mitigate the results and raised controversy about the Imamate/ Caliphate.