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

The purpose of tenders for administrative contracts offered by public entities is to ensure the regular functioning of public facilities, by fully meeting the requirements of their work in terms of buildings, services, and various materials necessary for the continuity of the service provided by the public facility to the public. Due to the importance of tenders and the justice they provide among bidders, The legislator provides guarantees or insurance in the form of a letter of guarantee issued by a licensed bank, provided by the bidder as a guarantee of the seriousness of his bid or the proper implementation of the contract. The bank’s obligation to the letter of guarantee expires in several cases, including by confiscating the amount of the letter if the contractor breaches his obligations and others without confiscation, either by expiration of the period or by waiver or When the purpose of issuing the letter of guarantee ends, this results in effects that differ depending on the way the letter expired.

The topic of the role of administrative control bodies in achieving societal security is one of the topics that focuses on the administrative role in achieving societal security, as states seek to organize societies through administrative methods by taking deterrent measures and entrusting their implementation to special administrative bodies determined according to laws, called administrative control bodies. These bodies carry out their work in a centralized manner that includes all of the state’s territory, and their jurisdiction may be limited to a specific part of the state’s territoryThese bodies exercise their function through the means specified by the laws or through their discretionary authority to achieve community security. These bodies base their work on the internal legislation of countries, seeking to achieve the highest levels of maintaining community security. In addition, these legislations have a legal basis based on international conventions. It was developed by a group of countries in order to ensure that the dimensions of internal societal security are achieved and that it is not affected by other countries.

The sales contract is one of the most important contracts in circulation, as it creates obligations on the seller’s shoulders, the subject of which is the sold item. This sold item may be real estate or movable property, What is related to the subject of our research is the transfer of ownership of tangible movable property, which is an obligation that falls on the seller and has an impact on the sales contract, Ownership of a movable property may be transferred successively from one person to another, and here a problem arises for whom ownership is transferred from buyers because the successive transfer of possession is an important effect of transferring ownership in this type of movable property. Possession is a material situation in which a person, by himself or through others, has actual control, not by way of tolerance or license, over a material thing in which it is permissible to deal. The successive transfer of ownership to more than one buyer has an effect on the transfer of ownership, and therefore the possessor is considered the owner if he delivers in good faith and for the correct reason. Otherwise, the first buyer is considered the owner under the rule of a specific movable property, whose ownership is transferred once the contract is concluded. Hence, our research was chosen to examine the effect of succession in transferring possession and ownership of tangible movables.

In order to provide protection for elements of industrial property at the international level, international agreements were created to perform this function, and the Paris Agreement was the first international agreement to include a set of provisions and rules that provide protection to all elements of industrial property, but despite it being the first agreement that provides international protection for rights Industrial property, but it contains many deficiencies in its provisions and did not provide sufficient protection for those rights, so the TRIPS Agreement was subsequently concluded, which came with a set of provisions that can be considered complementary to the provisions of the Paris Agreement Which worked to fill the gap in the provisions of the Paris Agreement, and international agreements are the means through which the law applicable to elements of industrial property is determined. The reason behind this is the absence of legislative texts that determine the applicable law in most laws, as they work These agreements provide the minimum level of protection for all members of the countries to which they belong.

Criminal liability for misleading the consumer with expired products means that the perpetrator bears the legal consequences resulting from misleading the consumer with damaged products due to their expiration, using fraudulent and deceptive methods such as deleting or changing the expiry date of those products, or repackaging them with new packages and wrappers bearing an incorrect date in order to mislead the consumer and push him to Purchasing it, as stipulated in Articles (9/fourth, fifth, Article 9/2, Article 6/A) of the Iraqi, Egyptian, and Jordanian Consumer Protection Law successively. In reality, this responsibility extends to natural and legal persons, and is justified by preserving the health and safety of consumers. Especially in light of the expansion of electronic commerce, it is characterized as an intentional liability based on the potential danger that may befall the consumer as a result The use of damaged products , It is considered a misdemeanor, Punishable by imprisonment, a fine, or both, in addition to other administrative penalties others .

Conflict of interests, namely a situation in which a person may place his/ her interests ahead of the interests of another person, is one of the most prominent examples of agency-problems in the area of commercial agency, and most particularly notable in insurance agency, due to the fact that the representative nature of an insurance agent's activities provide him/her with the opportunity of exploiting his powers for his personal interests or for the interests of another person at the account of the interests of the insurer. It goes without mention that such a position constitutes a serious prejudice to the insurer's interests. It is also contrary to the principle of good faith, honesty and fidelity that should prevail the commercial environment.
To confront the agency-problems, the comparative laws mentioned in this article have imposed obligations on the agent in all cases in which he acts to place his personal interests or the interests of another person ahead of the insurer interests. Whereas the Iraqi insurance legislation have failed in providing a comparable legal devices to address such problem. In this article, the aformentioned legislative-shortcoming in the Iraqi law has been highlighted, with a proposal for regulating comparable obligations to what has been presented by other comparative laws has been posed.

The constitutional system in any country that adopts a democratic system is based on a set of foundations and principles, the most prominent of which is establishing a culture of tolerance among citizens in that country. This rule forms the basis of the bond between individuals of the people and those in charge of political authority. From this standpoint, the constitutional legislator must include a set of constitutional principles in the preamble of the constitution. In the rest of the other document, it is concerned with establishing coexistence and national reconciliation among all, as well as adopting a tolerant ideology that rejects violence and hatred. In addition, adopting a democratic system leads to equality among all and the preservation of rights and freedoms, and this can only be achieved in an environment dominated by dialogue And tolerance and granting everyone their constitutional rights. Establishing rules requires guaranteeing mechanisms by stipulating the stagnation of the constitutional texts regulating tolerance and making the Constitutional judiciary the competent authority to protect those rules and prevent violations of them.

Reasoning at the level of preparatory decisions that do not decide the subject matter of the criminal case is almost weak or non-existent within the scope of this type of decisions, in contrast to reasoning in the field of criminal rulings that decide the subject matter of the criminal case, as courts of all types are interested in it as it is one of the basic elements for building sound judgment, and the court It devotes itself to setting the realistic and legal reasons for the ruling in the merits of the ruling that settles the dispute while writing its ruling paragraphs. However, the matter differs at the level of the preparatory decisions that do not decide the subject of the criminal case, as we mentioned, as it does not receive the same remarkable attention as it does for the rulings that settle the dispute, and this is without a doubt. A major problem is represented by deceiving the interested party who wants to file an appeal against the preparatory decision related to the procedure in which it was formulated, and the reason will remain secret in the hearts of the judges. This is, of course, something that contradicts the most basic established procedural constants, and the interested party in the appeal will be unable to determine the aspects of the appeal and will lose the decision. Preparatory: Transparency, so to speak, and clarity in the objectives of decisions that are not decisive on the subject of the criminal case.

The term sustainable development is one of the modern terms, which plays an important and prominent role in employing resources and capabilities in line with the needs of society and the state in the present and future alike, being a humanitarian and legal management at the same time to manage natural and non-natural resources, and from this point of view the Iraqi State Council took it upon itself to crystallize this importance in the field of practical reality based on considerations with several dimensions, including economic, social and cultural, based on the constitutional and legislative frameworks for development sustainable, The role of the Iraqi State Council in this area was confirmed through the numerous fatwas it issued, which are a clear indication of the adoption of all international conventions with topics promoting sustainable development, or submitted to the General Secretariat of the Council of Ministers from annual reports or whenever the need arises to indicate legislative deficiencies in legislation in force or tainted by ambiguity or other topics aimed at achieving the public interest.

The parliamentary (parliamentary) system represents one of the veteran political systems that appeared in Britain, as it is the cradle of parliamentary systems, which stipulates that the head of state is not politically and criminally responsible if he is a king according to the famous principle (the king rules and makes no mistakes). As for the responsibility of the head of state in parliamentary systems that follow the system Republican, as it is based on the principle that the head of state is politically irresponsible, meaning that he cannot be questioned before Parliament or withdraw confidence from him, but he is criminally liable for the crime of high treason and other crimes committed by him as stipulated in the Penal Code. As for the powers of the President of the Republic in the parliamentary system, they are ceremonial and symbolic powers, but the constitution may grant the President of the Republic other powers that may be legislative or executive, in addition to defining his responsibilitie.

With the development of the concept of the modern state and the transformation of its functions from a guardian state to a state with a variety of tasks, most notably providing services to the public and satisfying public needs. These developments were not the result of a specific moment but were accompanied by the evolution of the concepts of administrative law. This development resulted in multiple methods used by the administration to provide services to ‌.community the administrative contract is one of the means by which the administration can provide services to the public, but the theory of contract has become widespread and has resulted in the emergence of multiple disputes due to the scope to which the general rules of contract apply, in addition to the non-familiar conditions contained in the contract. However, these conditions are not based on the administrative contract by the Department of Judicial Control. The administrative judge has broad jurisdiction in most countries in the field of adjudication of contract disputes. This order was violated by the Iraqi legislature when granting this jurisdiction to the civil judge in a precedent that violates the general principle of judicial independence adopted by the legislator. The jurisdiction to settle administrative contract disputes through arbitration reflects the principle of legality for the judge to subject all to the provisions of the law.
From this point of view, the judge has the means to apply this principle and has broad
‌jurisdiction to adjudicate disputes arising through arbitration.