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

The research topic (Methods of addressing the issue of the vacancy of the president of state position) is considered one of the most important topics in the legal studies field in general, and in the constitutional law field in particular, since it's related to the addressing of the vacant position of the president, whether he was a king in the monarchy or a president in the republican regime.
To cover all the aspects of the topic, we divided the research into an introduction, two volumes and a conclusion. Then we chose "the body which would assume the tasks of the presidency pro tempore and its constitutional status" as a title of the first volume where we discussed the constitutional mechanisms under which the presidency pro tempore is being selected, measures taken by the constitutions to insure that no gap would occur in the authority and the constitutional status of the presidency pro tempore in terms of its specialties and responsibilities.
The title of the second volume " methods and conditions of appointing the body which would assume the tasks of pro tempore presidency and its term of office", through which we tackled the differences in the mechanisms of constitutions prescribed by them to appoint the presidency pro tempore, the extent of variation of its available conditions that would qualify it for this task; also the term of this presidency in terms of imposing a specific time limit or linking this term with the return of the president to his position or the inauguration of a new president. In the conclusion of the study we discussed the most important findings and recommendations that we submitted to the legislator and hopefully could be of help for him to achieve effective methods in order to address the issue of the vacancy of the president of state in a manner insures the continuity of the presidency work and prevents the occurrence of a gap in the authority.

Taking the subject of identifying the parties to the lawsuit an important aspect in terms of the procedural laws of comparison, has prevailed in the old procedural law the principle of the inadmissibility of modifying the scope of the lawsuit after a presentation to the judge, as it complies with opponents and judge alike as has been requested by the petition presented by the prosecutor the first time to the court, but there are many changes and developments in the legislature pushed these laws to let the opponents and the court to amend the scope of the lawsuit We have seen that the legislator procedural in modern comparative law has allowed for the judge to Echtsam third parties in the suit of his own, the opposite of what it was the old laws that did not allow the judge to carry out the process Alachtsam of his own, many of the traditional jurisprudence, that has opposed allowing the judge to carry out this process on the pretext it conflicts with the principle of impartiality of the judge and the principle of freedom of a person to resort to the judiciary, but has been responding to all the objections made against this regime and in view of the benefits achieved by this system has been provided for in the laws of most of the arguments in the world. We have addressed this subject in some detail by the extent of the legality Alachtsam system in the old laws, as well as the position of Pena modern laws of this system and the extent of development it has reached these laws organized by the issue of non-building Achtsam Al court order.

Is the scope of the physician's commitment to provide the patient with information about his health on the merits of the issues that differed upon jurists among those who believe that the scope of the doctor's commitment to provide the patient with information limited to inform him of the danger expected Nascent for medical work, meaning they are taking the narrow direction of commitment, and those who see The doctor is obliged to inform the patient with all the risks of medical intervention and means and the consequent effects, i.e. they were going to give him a broad concept.

The Obligation Alternative as a description attached object of the obligation has several labels launched by Garret Islamic doctrines in addition to its meaning in the civil law , but Islamic jurisprudence did not put a specific definition of him because the basic unit is held by which determines the place of contractual obligation and the nature referred to by scholars within the theme to replace the shop in places sporadic as known many types of wildcards can debtor to carry out something else instead of the original thing, but in agreement with the creditor on this thing schools of jurisprudence some scholars forehand did not know allowance but they permitted to replace the shop to religion if a price as stated term, rather than preventing them to speak exhibition on could not be reached to replace the original commitment can reconciliation wildcard any considered that the rule can not be accessed by virtue of eye damage and then unnecessary to prevent, rather than either the rest of the scholars have used the replacement of the term, but they often used it in other words , far from the subject on their own tap as they used the word replace Replacing the cessation of the sense of taking out an eye endowed to be a moratorium place while used jurists Shaafa'is replacement in the sense that Arafa positive law and see the passport replacement in both secured debt Kalsaddaq and taxis and Awad divorce and debt guarantee but only if caught in the Council and the observance of usury restrictions.
But in the civil law, the mostly known the Obligation Alternative systems and ordinances , including the Iraqi civil law , which said the commitment to be Bdlaa if it did not include him, but one thing but the debtor is discharged if led rather than something else and leaving the rest of the general terms of the rules and this is no different than what is stated in Egyptian civil law, whereas French civil law neglected to organize the Obligation Alternative where he cited in his texts applications to comply Alternative but has recently changed its previous position and text Alternative commitment under the name of the Optional commitment under Decree No 2016 - 131 issued on February 10 of 2016 amended the civil Code French

The idea of restricting the actions of administration, of whatever kind, the provisions of the law requires the presence of regulators follow up actions, as long as they leave the provisions of legality and improbable., This applies to international management, because the focus of legitimacy is to achieve justice, law enforcement, which aims mainly to protect the rights of rights in all circumstances.

Accordingly, we understand that the intended control of the international transitional administration's actions, the extent of their obligation to respect international human rights instruments, and no censorship on the internal administrative affairs office., Especially since its activities as an authority ruling involving broad powers excel even on the powers of government, in addition to the use of military force and that the wide range of powers and authorities raises a lot of questions, about who exercised control over the protection of the rights of individuals replace those activities., and different types of controls on international transitional administration activities between self-censorship, that is prescribed by it within the taxable her territory, judicial control international, international political censorship, but the international character of the control does not mean the availability of the same mechanisms and the mandate and independence, but they differ from the international body to another, which in turn cast a shadow over influence in the supervision and effectiveness of the result.

The national committees of international humanitarian law is the most important institutional procedures that the countries strive to adopted at the national level, because it is important preventive procedures. The States resorted to the establishment of this type of committees when they felt the need for it, despite the absence of a legal obligation in the international humanitarian conventions to form it. which includes representatives from various ministries and other national institutions that have jurisdiction in the application of the mentioned law, through dealing and close cooperation in Most of the cases with these national institutions and National Societies of Red Cross and Red Crescent at the national level, in addition to their close cooperation with the General Assembly of the United Nations through support the latter for the formation of these committees, States also differed in the mechanism of their formation and the representative entities, owing to the different internal systems of each country and the decisions concerned with its formation.

Thus, The experiments were proved that they are valuable and very effective to support the implementation process within the State, because it has important jurisdiction and authorities in the field of implementation of mentioned law . the importance of these committees, and for the purpose of carrying out its international obligations, Iraq has endeavored to form the Permanent National Committee for International Humanitarian Law under Order No. 15 in 2015, which sought to form a set of pros and cons, which the legislator must avoid when enacting the law of the latter.

The crime of violation of the sanctity of graves is one of the crimes organized by the Iraqi legislator with social crimes. It has been given a simple punishment as this penalty was commensurate with this crime at a time when the Iraqi legislator enacted Penal Code No. 111 of 1969, Because of the spread of extremist ideas and terrorism, but with the widespread spread of this crime in recent times, the Iraqi legislator intervened to establish a law to protect mass graves only, and based on this we discussed this crime in addition to Iraqi criminal legislation in the Egyptian Penal Code Walt The crime and the causal relationship between the act and the result. The second pillar is the corner of the shop that is the attack on the cemetery and the third corner is the criminal intent, We divided the research into three sections of the first topic, what is the crime of violating the sanctity of the graves and we dealt in the second section of the crime of violating the sanctity of the cemetery, the third section devoted to the penalty of the crime of violating the sanctity of the graves.

I count the Iraqi legislator sell the property of formal contracts that are held only register in the Department of Real Estate Registration and otherwise did all of the Lebanese and Egyptian legislature to sell the property back from the contracts as consensual arrange all obligations except for the transfer of ownership to loosen it during your registration in the Department of Real Estate Registration .
Since the sale of the property registration procedures take time , the individuals are forced to resort to foreign correspondence , which is not only pledged to transfer of ownership of the property and are often working in Iraq , the conclusion of the pledged under the customary paper titled . Contract sale Pre – prepared and includes several statements relating to the parties to the undertaking and the type and penalty clause and guarantees until the signatures of the limbs . The jurisprudence in Iraq disagree about the nature of this undertaking . Some promise to void a contract non – existent impact , while the other hand , he sees a shift from an indefinite contract falsehood .
And notice that the contractor undertaking to him after the conclusion of the legal status of the Center for the contractor , the weakest , especially if he can not force the first second on the transfer of ownership of the property and limited commitment at reject the request for compensation , whether or not the condition is required about the high incidence reject and the futility of the undertaking from the point of transfer of ownership Iraqi legislator tried to address by issuing a decision 1198 for the year 1977 average condition for the request judicial housing estate , events , facilities or planter in the property or the right to dispose of it and without opposition editorial from the owner allowance agreed upon in the undertaking or claim compensation the difference between the value of the property at the time of the claim and the allowance agreed in the pledge to add to the value of building or facilities or planted whether the contractor has made him so .
But this decision is not the equitable solution of the parties to the successful undertaking of the reasons that we have reached the end of the research is for these reasons we proposed several recommendations at the
conclusion of research .

In the next pages of this paper, we will attempt to address an important principle that the international community is determined to maintain in the high seas and to be open to all coastal and landlocked States.
On the basis of this, the principle of sovereignty of the ship-owner State to which the ship belongs is determined by its nationality on board the ship and all that happens to it when sailing on the high sea. However, following a subsequent development, international custom and agreement have produced a range of exceptions to this principle of sovereignty, It was concluded in the twentieth century, and some of them still retain their original and customary nature.
There are many exceptions to the jurisdiction and polity of the flag of the ship, but here we will focus on the most important and dangerous exceptions, and since the international custom preceded the conventions to appear, so we focused on the first talk about the customary exceptions, which we limited to the fight against piracy, He followed the chase and the chase.
We have followed this by talking about the most important exceptions to the Convention, which we defined as the right to approach, inspect, visit and the case of maritime collision, and the right to fight slave trade and the right to fight unauthorized broadcasting, knowing that all of this will be preceded by an introduction to the definition of the High Sea, The use of the high sea, all of this in order to clarify what we are talking about topics in the body of research, and will be preceded by all of the introduction to the subject.

Undoubtedly, when a contract comes into existing impose a negative obligation for all people. This obligation to show respect and oblige that contract and implications which are resulted of it whether, it was real or personal implications. This negative obligation based on res judicate principle of contract, if this contract has a complete conditions, according to this principle the alios cannot adopt approach in contrast with former contract. Based on above mentioned, if alios intervene in the legal relationship between contractors (creditor and debtor), who are the parties of the contract, and then the debtor cannot performance the obligation result from the contract. The alios would be responsible because they breach the res judicate of contract. This liability is known as a tort liability based on non- fault based. This type of fault is take place when the alios breach the general negative obligation. This liability is original liability it is attributed to the alios as along as based on non-fault based regardless the debtor situation.

The problematic of human rights may not seem by its theoretical image, as much as ensuring the actual practice of those rights. The literature on the human rights has a large number of international and regional charters and national constitutions, which support the human rights and public freedoms. However, that is not necessarily mean that there is actual practice of those rights. Therefore, the United Nations, international and regional conventions have sought to find means of protection and promotion of the human rights, and public freedoms nationally and internationally. Nevertheless, this study examines the right that may seem to be different from other rights somewhat because it has double nature. It considers a freestanding right and a means of protection other rights. In addition, it has the ability to diagnose faults in the government's performance, and submits appropriate suggestions in order to improve performance for creating a suitable ground for the enjoyment of the rights and freedoms.
In order to note what the right to address public authorities, this research highlights the historical dimension of the right, defines the conceptual framework of the right, and shows the commitment to the right in accordance with international charters and comparative constitutions. This research is seeking to discover the position of the Iraqi Constitution of 2005 of this right, and methods of exercising of this right. It is also attempting to show the strength and weakness in legislative and in practice and to find suitable solutions to ensure and promote the exercise of the right ideally.

A terrorist Daash organization represents an ideological extension of the terrorist basic organization of Osama bin Laden and its terrorist groups, this terrorist organization has committed many terrorist crimes since its emergence as an armed force, which constitute dangerous international crimes such as crimes against humanity, genocide and war crimes, which left victims of the lives of thousands of civilians and military personnel, and the destruction of places of worship, churches, archaeological sites and other acts, which requires the study and characterization of this type of crime and the determination of the judicial authorities competent to consider it.

Bill of lading is a possession of transported goods, which is so important function, as we can through it to deal with goods which it is on the road before arriving at the port of destination, the data contained in policy as a basis for estimating the price paid by the buyer versus the goods, and the delivery of the goods, It is also that the delivery of bill as a delivery for the same goods , but the procedure was on that the bill of lading contain private reservations data announced by the shipper for the goods, these reservations as it weakens the strength of the bond as evidence of the condition of the goods and obliges the receiver - the purchaser or mortgagee -substantiate on the amount and condition of the goods, which claimed by the carrier. These reservations do not encourage trading on the goods represented by a bill of lading which is not conclusive in significance , therefore the Chargers invented a way to clearance the bills of lading from these reservations, so that theshippergives a against sheet or a promise or letter of guarantee - as some people call it- for the carrier to guarantee what to ensures what he hurt from due to lack of data validity which the charger wants to include itin the bill writ to accept of the carrierto ensure the cleanliness of the bill - that is free from each reservation - in addition, the shipper cannot borrow from financial institutions based on ensuring of the goods, because the banks, for their part are also free to grant such loans for not being sure of the goods case and the price to estimate the amount of the loan, considering what it entails given by the insurance documents of the damage leaves may cause to the third party (the receiver or the ownership of the goods) so it have been work that no effect of the insurance documentstowards third parties , and that the value of this paper is restricted to the shipper, who was signed on it and the carrier who just accepted.