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

The importance of the subject lies in the fact that compensation has a prominent position among the legal methods that the law has specified for implementing contractual obligations, and that English law has surrounded this legal method with an interest that we rarely find similar to it in other legal systems, noting the existence of disparity and difference between English law and other systems regarding this concept. From this, the importance of the research emerges, evident from the specificity of English law regarding the restrictions on compensation for contractual damage.

Defining the rights and obligations of investors within the territory of the investing state by organizing them within a legislative and contractual framework in an organized and precise manner is not enough to reassure investors and encourage them to invest in it. There must be means to protect those rights in the event of a breach. Despite the mutual cooperation between the investing state and investors to define those rights and obligations in terms of scope or content, a dispute may arise between the two parties regarding the precise content of the rights enjoyed by the investor and the obligations resulting from him due to the investing state’s breach of its obligations and commitments. Therefore, investors seek neutral and effective means to settle investment disputes. Despite the many means that parties to investment contracts can resort to to settle their disputes arising from them, arbitration is an acceptable method for settling investment disputes, as it is an effective means of resolving investment disputes. The natural judiciary in this field has become a procedural guarantee for investors to resolve their disputes with the investment-attracting state, because they view the latter’s judiciary with suspicion and doubt. In addition to the confidentiality that arbitration is characterized by, which is consistent with the nature of investment contracts, it is in line with investors’ desire to avoid resorting to the national judiciary of the investing state. This helps preserve investors’ secrets and avoid compromising their position and reputation in the field of commercial activity, in addition to the speed that arbitration is characterized by in deciding and adjudicating the dispute. In addition, arbitration is resorted to because investment contracts enjoy a special status, as the investment-attracting state is a party to those contracts, which motivates the investor to make arbitration a procedural guarantee to protect his investments.

All heavenly laws, and Islamic law in particular, came to remove hardship from people, to ward off harm from them, to achieve the interests of the servants, to make good things permissible for them and evil things forbidden for them, and to reform their affairs in the immediate and the future, in their preliminaries and results. Islamic law is also distinguished in explaining the reasons, causes, rulings and goals behind every legal ruling, whether in transactions or individual and collective human behavior. If an action is devoid of a purpose and goal, it is in vain, and God Almighty is far removed from vain. God Almighty said: “And We did not create the heaven and the earth and what is between them in play.” (1) And God Almighty said: “Did you then think that We created you in vain and that to Us you would not be returned?” (2). When a person is certain of the soundness and integrity of his law, he must exert himself to apply it and act upon it. Among these legal rulings is marriage, which is the Sunnah of God Almighty for His servants and a sign of His signs. God Almighty has placed in males and females natural motives and innate tendencies that guarantee the survival and continuity of the human species, and He has strengthened those motives and tendencies with controls and rules that guarantee the best, safest and most honorable paths for offspring in existence and continuity. The mutual innate need between man and woman has necessitated a connection between them. Based on affection, mercy and compassion that oblige man to nurture and care for his offspring, and woman was more suitable for nurture because of her superiority over man in terms of tenderness in nature, compassion and tenderness in heart, and man was more defensive and bolder in taking on hardships, so man’s livelihood was not complete without woman, and her livelihood was not complete without him. And certainly what is meant by livelihood here is not providing the minimum necessities of life (such as food, clothing and shelter), but rather in addition to that, companionship, connection and coupling that results in familiarity, love and cooperation and the formation of a family to be the nucleus in the body of human society. Therefore, Islamic law has established many texts in the Holy Book and the Noble Prophetic Sunnah that clarify this, and among these texts in the Holy Quran is the Almighty’s saying (And among His signs is that He created for you mates from among yourselves that you may find tranquility in them, and He has put between you affection And mercy. Indeed in that are signs for a people who give thought. (3)

Among the texts of the Prophetic Sunnah are the words of the Messenger of Allah, may Allah bless him and grant him peace, “No structure has been built in Islam more beloved to Allah Almighty than marriage.” (4) And his words, may Allah bless him and grant him peace, “No Muslim man has benefited after Islam from a Muslim wife.” (5) These texts came to regulate this aspect of life, which is one of the five necessities and universals in the perspective of Islamic law, which are (religion, life, offspring, wealth, and reason), and preserving offspring is one of them, which can only be achieved through legal marriage. These texts contain what permits polygamy, and it is certain that this legal ruling was not legislated in vain, but rather came to bring about a general or specific benefit and to prevent corruption as well.

All heavenly laws, and Islamic law in particular, came to remove hardship from people, to ward off harm from them, to achieve the interests of the servants, to make good things permissible for them and evil things forbidden for them, and to reform their affairs in the immediate and the future, in their preliminaries and results. Islamic law is also distinguished in explaining the reasons, causes, rulings and goals behind every legal ruling, whether in transactions or individual and collective human behavior. If an action is devoid of a purpose and goal, it is in vain, and God Almighty is far removed from vain. God Almighty said: “And We did not create the heaven and the earth and what is between them in play.” (1) And God Almighty said: “Did you then think that We created you in vain and that to Us you would not be returned?” (2). When a person is certain of the soundness and integrity of his law, he must exert himself to apply it and act upon it. Among these legal rulings is marriage, which is the Sunnah of God Almighty for His servants and a sign of His signs. God Almighty has placed in males and females natural motives and innate tendencies that guarantee the survival and continuity of the human species, and He has strengthened those motives and tendencies with controls and rules that guarantee the best, safest and most honorable paths for offspring in existence and continuity. The mutual innate need between man and woman has necessitated a connection between them. Based on affection, mercy and compassion that oblige man to nurture and care for his offspring, and woman was more suitable for nurture because of her superiority over man in terms of tenderness in nature, compassion and tenderness in heart, and man was more defensive and bolder in taking on hardships, so man’s livelihood was not complete without woman, and her livelihood was not complete without him. And certainly what is meant by livelihood here is not providing the minimum necessities of life (such as food, clothing and shelter), but rather in addition to that, companionship, connection and coupling that results in familiarity, love and cooperation and the formation of a family to be the nucleus in the body of human society. Therefore, Islamic law has established many texts in the Holy Book and the Noble Prophetic Sunnah that clarify this, and among these texts in the Holy Quran is the Almighty’s saying (And among His signs is that He created for you mates from among yourselves that you may find tranquility in them, and He has put between you affection And mercy. Indeed in that are signs for a people who give thought. (3)

Ownership can be either separate ownership or common ownership, and common ownership can be either common in a normal way or by compulsory common ownership. Since common ownership is owned by more than one person, it often raises problems regarding its use and exploitation, so common ownership is not the ideal form of ownership, due to the problems it raises. As a result, partners resort to searching for the best means to benefit without raising or reducing these problems, so they resort to the sharing of property, and they agree on a specific way to benefit from this common money, which is done either through each partner benefiting from a part of the common money for a certain period, which is called spatial sharing, or through each partner benefiting from all of the common money for a certain period, which is called temporal sharing. Accordingly, we have devoted our research to the topic of (Legal Regulation of Mutual Property) A Comparative Study in Iraqi and Egyptian Civil Law, where we will shed light through this research on some of the problems related to the extent of requiring the consent of all partners to achieve Mutual Property and whether it is a contract, and if so, is it a binding contract for both parties? What are the effects that it entails? Also, can Mutual Property in Iraqi law be a reason for ending the joint ownership? And why? And also the extent of the parties’ commitment to follow a certain formality in Mutual Property if it is related to a property? In presenting this topic, we will follow the comparative study method between Iraqi Civil Law and Egyptian Civil Law due to the existence of some controversial issues between these two laws. Relying on presenting the position of the legislator and Iraqi jurisprudence on the assistance of the position of the Iraqi judiciary represented by the Court of Cassation..

Given the absence of jurisprudential or legal studies on the effects resulting from the contract of joint venture, they are satisfied with referring to the provisions of the lease contract by adapting the rules of this contract in terms of the effects resulting from it on the effects of joint venture, and this is what we will follow in our research method in addition to the assistance of some decisions of the Iraqi Court of Cassation regarding this, in a manner that does not conflict with the nature of joint venture.

We will address the topic of "Legal Regulation of Joint Venture" in two sections preceded by an introduction and appendices with a conclusion. We will devote the first section to explaining the concept of joint venture, which we will address in three demands: the first to define joint venture, the second to the reasons for resorting to it, and the third to clarify the types of joint venture.
As for the second topic, we will discuss the effects resulting from the agreement, which we will present in two sections. The first is to clarify the obligations of the partners who agree and on three branches. As for the second, we will hold it to clarify the obligations of the partner who agrees during the period of his benefit and on three branches as well.

The technological progress witnessed by the world was not limited to one activity or another, and oil activities, in view of the great service they provide to the world, had the lion’s share of progress, but that was not enough to achieve the intended purpose for which oil facilities were allocated due to the spread of the hand of sabotage, which often stands as an obstacle to progress. As oil facilities are among the main targets for acts of sabotage, whether those acts are linked to terrorist, political or economic goals, oil facilities are the subject of sabotage attacks in all their forms. What facilitates this is the wide spread of oil facilities extending across the country’s territory completely. You see the extension of these facilities in desert areas, villages and city centers, in addition to their extension in marine areas, which increases the danger to the facilities, as is the case with oil pipeline networks, marine oil facilities, oil well drilling sites, oil tankers and other facilities. In order to provide the requirements for the sustainability of the clear service provided by these facilities, the criminal legislator considered it to be the one who provides protection for the interests worthy of it, and its way to do so is to establish the criminal penalties included in the Penal Code or special laws whenever necessary. The act that constitutes an attack on facilities cannot be imagined except by a means that leads to their destruction. For the above, it was necessary to research the crime of sabotaging oil facilities, which includes three requirements. The first will be to clarify the concept of this crime. To complete the concept, it is necessary to shed light on the pillars of this crime, which will be the subject of the second requirement, and the punishment for this crime under the shadow of the third requirement.

Personal status law is considered one of the important laws that have a direct impact on people's lives. It is the law that deals with family affairs and sets legal rules that guarantee the resolution of all problems facing the family in practical life. Issues of marriage, divorce, alimony, waiting period, custody, lineage, guardianship, wills, inheritance, and others are at the heart of people's daily lives. Based on this fact, we find that personal status lawmakers in various countries of the world are striving to establish sound, coherent, and accurate laws and are trying to raise them above deficiency, error, ambiguity, or conflict, by formulating their texts in a clear and accurate manner, in sound legal language, and with sequential texts that complement each other. This makes it easy for a legal professional, whether a judge or a lawyer, to apply these texts or deal with them without problems or obstacles. However, despite the effort exerted by the drafters of these laws to ensure their integrity and the integrity of their texts and provisions, we find that the human soul is prone to deficiency, error and forgetfulness, so it was rare to find a complete law free of deficiency or error. In Iraq, the drafters of Personal Status Law No. (188) of 1959 tried to formulate the texts of this law in a precise and precise formulation, far from any deficiency, defect or ambiguity that might affect these texts.