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

Abstract



Jurisprudence doesn’t recognize the need for interpretation, it is absolutely the requirements of the law. The clarification of the legislator's purposes and a questionnaire and his intention to achieve its goals is necessary due to the ambiguity of the text or laconic or obsolescence of time on it. The text is not prescribed for a specific time only in exceptions, and the origin of its provisions aim for an unidentified goal. The need for constitutional interpretation, stands out in countries with democratic systems or current nations who strive to reach such system. In democratic systems judicial interpretation aims to develop legal texts in terms of concept and meaning without the need for replacement. Achieving replacement is not always within reach. Constitutional texts may go on for years or decades without any replacements which explain the difficulty of the process to create a constitutional text in democratic systems and pluralism. All of these developments call for the presence of other interpretations that define capability of finding solutions without the intervention of legislation, Since the pursuit of developments in a democratic country such as the United States is not always within reach. As for countries that strive for democracy, they highlight the importance of interpretation of the constitution. So, the modern era means modern era of pluralistic constitutions in addition to the problems that affect the result of modern understanding of democracy and pluralism and partisan life. Political break-outs are common in their nature due to the margins of freedom in addition to the unusual political views as well as the new underdeveloped political perspectives which are based on non-legal basis. In dictatorship, and in the absence of constitutional institution and political parties, the constitutional interpretation has no importance. In other words, the interpretation constitution has no role or any legal activity without the dictator's consent, only when it is needed. Noting that the better solution, if not distorting the text, replacing or amending the whole legislation to suit the problem. The absence of interpretation does not mean the absence of the responsible committee, they may still be present but they will be limited to personal will. On consequence, that will oppose with margin of freedom that should be within the interpreter.

ABSTRACT

We have evolved sophisticated means of communication and a tremendous run-up so it is much research and studies that generated them. And that's where contracts become by electronic means . It has become traditional theories of law , particularly in the scope of the contract and the obligations of Ertbh difficult to implement in the world of electronics , which can be the buyer of the contract of sale across the border.
Although regarded as a contract of sale electronic selling funky , and then can not afford defects and will ensure exposure and maturity hidden defects and ensure the provision of adequate legal guarantees to the buyer.
As well as the growing appetite buyer to conclude the sales contract -mail , has become vulnerable to manipulation reconciliation and guarantees and try cheating and deceiving , where exposed people when they shopped via the Internet for a lot of risk , due to the nature of the means and methods of contracting, based on the technology to connect remotely , which may expose data messages Electronic and credit cards to the risk found by others and steal so we find that shoppers electronically often who feel a sense of fear of piracy , electronic and feel the buyer in the sale contract -mail not to legal protection and do not know the truth about his legal status and feels he will not get the rights arising on the contract and the lack of knowledge of the possibility of the fulfillment of the other party to its legal obligations .
The buyer may be exposed in the sales contract for the mail fraud risk as a result of the supply of goods and services and means of communication in a way that gives the impression of not true for those goods and services and the availability of quality.
Therefore, the risk of the sale contract -mail is the likelihood of theft of data messages , credit cards and non-availability of adequate security for the rights and obligations of the parties and the possibility of their buyer to cheat , to eliminate these risks must provide the means to protect them, and based on that we will examine the most important of these methods and of encrypted data and the presence of the mediator or entity that conducts the ratification of electronic signature in addition to the buyer's right to reverse the contract and return the goods when they are not in conformity with the specifications agreed upon or when it was flawed through three sections address the former was to encrypt data in the second ratification electronic signature while in the third will address the right to refrain from contract.

ABSTRACT

We dealt with in our research this statement the legal regulation of the rights of financial obtained by the public employee after the end of the Association functional (pension rights) and of remuneration, pensions and pension, as one of the most important privileges obtained by the employee after the end of his career, because of its importance in the life of a large segment ofsociety, our search has been divided into three sections.
We ate in the first section reward pensions in two, as it demands dedicated the first requirement to demonstrate the concept of reward and pension cases due, while we dealt with in the second requirement method of calculating pension bonus.
The second section has dealt with the pension we had in the first statement of the concept of demand and cases of pension entitlement, while the second requirement has dealt the mechanism of calculating the pension.
The third section has dealt with it eligible for the pension rights (rear pension) and was in two, set aside demands the first requirement for a statement entitled to these rights while we dealt with in the second demand these rights distribution to beneficiaries. And the fact that our research has dealt comparative in several places to the comparative legislation in question and of Egyptian and French legislation.

ABSTACT

Become a home ownership for the time being it difficult for many individuals due to weak purchasing power universe financing residential real estate need to finance large amounts of capital , compared with funding portables , and from here focused on countries actively Mortgage , have reflected this importance formulas contract that is real estate finance from which the purchase or construction or restoration or improvement, among formulas contract that is a contract of mortgage in which the financier lends the buyer the value of the property you want from the vendor or contractor who Sabnyh or to pay him the price with receiving a transfer to human seller or contractor by the buyer who shall pay the amount of the loan and the cost of funding in the form of premiums periodically to ensure the mortgage property or land to be built upon , as it is a long term commensurate with the ability of the average person and his income , other than systems other funding which has proven experience not achieved the purpose and desired results being a short- or medium- term .
Was held Mortgage legal tool necessary to provide the required funding in the areas of purchase and restoration and improvement and maintenance and repair of real estate , especially in Iraq , which suffers from the housing crisis, which it is difficult for the Iraqi citizen that gets adequate housing priceless immediate cash , because of the lack and scarcity of income limited , and the growing rise and continuing in housing prices and building materials , and so is Mortgage effective means by which they are to provide the needs of the middle class and the working of housing respectable , where he sought Iraq after 2003 to find and provide housing units for the Iraqi people , but the attempts collided with the inability of the Iraqi individual funding value of the housing unit
He held a compound paved to finance Prime Another related drug , whether purchased or restored or built or repaired , it must contain the contract sentences take into account the social character of the fact that one of his limbs consumers from low-income or poor , where the protection of his will in the real estate credit of the possibility of exploiting the taxpayer because he needs strong for housing, and to achieve a balance between the parties to the contractual relationship and private , and that the financier of economic power and technical know-how and management to matters of mortgage credit to make it in the center rises far from the center of the buyer or the employer ( the consumer ) as a contractor innately limited knowledge about the financial operations of credit in real estate , making it the center of economic and legal needs of the poor organization of the legal nature of the pastures and protective social.

Abstract
This research is interested in the validity of the local legislation issued by the governorates which are not organized in regions, so as to indicate the constitutional and legal foundations, and its characteristics, stages, and the constraints face it, as well as dispute resolution mechanism on its constitutionality. The case study was the adoption of the rules of procedure of Babil’s Bylaw, ratified on May 7, 2009..
Among the hypotheses are: that the law of the governorates not organized in provinces No. 21 for the year 2008, has introduced a new jurisdiction of the provincial council is the competence of the local legislation, which is an encroachment on the scope of administrative and financial powers granted by the Constitution, in item (ii) Article (122), which confirmed the adoption of the style of regional administrative decentralization, which refers to the sharing of the administrative function which is one of the duties of ( the executive body), not sharing the political function.
The problem of the research, is that the Iraqi legislature did not distinguish between the concepts of local administration and local government, after it had not previously difference between the concepts of regional administrative decentralization and political decentralization, especially since each of these concepts has its own elements, each of which need special requirements to be applied on the land of the actual reality. This has led to a process for Problems resulting from the application of provincial law No. 21 of 2008 average.
In order to keep with the theme of the search, we have adopted the analytical approach and comparative approach, so we have employed the first approach in the analysis of the legal texts, while the second approach has been employed in a comparison between the general rules and the implications of the rules of procedure of Babil’s PC as a model for our study .
Our research has been divided into five sections in addition to the introduction and conclusion, and as follows.
Section one- The constitutional and legal basis for the validity of the provincial council legislation and its features.
Section two- The stages of the local legislation process.
The restrictions of the local legislation. Section three-
Section four- Committees of the provincial council.
Section five- The disputes on the constitutionality of the local legislation.
Finally the most important results of our research: The Law No.21 for the year 2008, states a new competence for the PCs, which is “the domestic legislation” in the governorates not organized in province, In order to organizing the administrative and financial affairs of the province… But the law has been devoid of organizing the legislative stages that precede the issuing phase, also the law didn’t mention the role of the governor and the provincial council in the process of the enactment.
As for the most important recommendations and proposals: I think that the Iraqi legislature has to organize an integrated process for domestic legislation; And that the PCs are committed to issue local legislations, regulations, instructions and orders, in accordance with the constitutional presumption, also not to violate the valid national laws, and not to encroach the administrative or financial issues, to the political ones. We do know that the application of the regional administrative decentralization is related to the administrative functions of the state, so the nature of the decisions issued by the PCs, which are administrative decisions, require that the administrative Court or the ( Conseil d’Etat) is competent to examine its legitimacy, not the Federal Supreme Court.

Abstract
It is no secret to any Tracker for the activities of the companies international private security in Iraq, which has already been contracted by the U.S. side and British in their occupation of Iraq in 2003 in order to perform certain tasks is to protect and secure the armed forces of both the United States and Britain, and some foreign dignitaries and Iraqi embassies and staff and the headquarters of some international organizations, corporations and oil wells It may be associated with what was carried out by those companies in Iraq committed numerous violations of international humanitarian law specifically for each contained in the four Geneva Conventions of 1949 and their two Additional Protocols of 1977, as committed those companies at the hands of their employees very serious violations of the right of the provisions of international criminal law committing crimes of genocide, war crimes and crimes against humanity.
It has turned out after the exercise of these companies for their activities in Iraq, he participated in combat operations alongside U.S. forces as well as security services responsible for the submission and due to lack of education in law for its employees, as regards the provisions of international humanitarian law and the criminal commits these violations against these two bills, but they invoked about it that they were performing the tasks entrusted to them and the problem is that the Iraqi authorities have not been able to firmly hold them accountable and punished, but they are far from the most to the enjoyment of immunity

Abstract:
The General function of important topics in administrative law as a means of public administration, which is carrying out its functions and activities by natural persons they represent and work on their own.The centers organized these persons laws and regulations concerning the general function.
This has given the laws that regulate the general function Importance of large public employee , the reason for this is that the success of the Department in carrying out its duties toward the public depends on the efficiency of its staff and their sense of responsibility and the need for the public interest, a public official as is well-known for its work of civil and criminal and administrative aspects all, if we want to know the extent to which the legality of the acts of which would probably return to the Penal Code, a base (nullum crimen, nulla poena sine lege), the issue of functional errors, locks them into Legal Text Organizer General post, and is due to the bodies concerned to determine the acts against the public duties or contrary to public order under the control of administrative justice.
This is the subject of much importance, since it deals with several questions is very important, it is the extent of the impact of governance on penal functional Association, another sense that this search is for an answer to the question:
Do penal judgment of conviction after the functional association?
As well as the disciplinary code of the State, the private sector Iraqi general in force when the text of the penalty of dismissal from the general function in article8 /VIII) it did not mention the reasons for removal from the post of general officer (if convicted of an offense against honor) but the absolute terms such as the words (makes staying detrimental to public interest) and the words (the fact that a crime arising out of his job or committed by official capacity ) what will be taken about that? and the crimes committed by his personal and require isolation has yet to decide who is responsible in the administration that it is harmful to public interest?
The article (23) of the Disciplinary Code of the State and the public sector's No. 14) for the year 1991 has shown that the innocence of the employee or his release does not prevent the imposition of disciplinary sanctions provided for in this Act, any that could be separated from the employee or his dismissal from his post, even his innocence and to ensure that provision of the Act, which was referred to the competent court for this as we know is incompatible with authoritative penal provision in disciplinary proceedings! And that was the case, it would have been better for administration instead of the accused officer referred to the competent court and the length of the proceedings and the Court claiming that the administration would not commit to judgment in which it was decided that the working dismissal, for its part, without referring that the official competent court.
As for the impact of conviction of the employee of a misdemeanour prejudicial to honor, Paid not Iraqi legislature put the definition of particular crimes affecting the honor, but merely some examples of this type of crime .It also did not refer explicitly to the Iraqi legislature effect of this provision in functional Association, except as referred to in article (7/4) of the Civil Service Act No. 24 of 1960 amended referred to in advance, which stipulated that the candidate for the post of general sentenced a misdemeanor affecting the honor.

Abstract





It is shown for us during this study that the protection of the unexpressed information by contract is counted as an incapable of protection and it does not provide comprehensive system for protection.it is limited to contract protection is not able to provide legal schemes to protect the unexpected information against aggression of other on it.So , it can be protected by default law suit responsibility through the lawsuit of illegal competition rather than the lawsuit of enrichment without reason.

Abstract


The effect of aggravation of the physical injury upon the compensation after issuing the final judgment by court.
This study aims to explore the extent of the personal right for who suffered of physical injury to demand a compensation that increased after the verdict to have remedy of this injury either this aggravation has undergone on the same injury or its value taking into count that this claim counter legal difficulties which is opposing by the judgment of previous issues compensation.
This study was divided into two chapters. The first one dicussed defining aggravation of the damage and its typies either this aggravation has occurred on the same injury or its value or amount of the compensation. The second chapter discussed the situation when the verdict provides agreement to review the compensation and the situation when verdict did not tackle with this result in this final issue. And finally the study reaches some results and provides such recommendation.

Abstract


The administrative contract as the other contracts contains rights and commitments on its both sides. So if the idea of the public interest, which the administration works to achieve it via its wide authorities in implementing the administrative contracts, controls the contractor's commitments with the administration to implement the administrative contract so the idea of the public interest also controls the administration's commitments taking into its account the contractor's interest because the relation between the administration and the contractor is based on the cooperation to achieve the public interest.

Although the administration has exceptional authorities to implement the administrative contracts so it must respect its contractual commitments due to these authorities are not absolute otherwise they are restricted and aim to achieve the public interest and they are subject to the supervision of the administrative judiciary.

The administrative contracts find contractual commitments to face the administration and the administration must implement these commitments so the contractor will be able to do his contractual commitments and if he breaks these commitments, the administration has the right to take its contractual responsibilities because the rule is the administration responsibility can't be implemented and the administration prejudice its commitments unless within a contract it contributed to find it. The administrative judge requires to implement the administration's contractual commitments that the damages of the affected person are resulting from prejudicing the contract implementation as well as neglecting the monitoring and supervision. Therefore, the contractual responsibility of the management as a public rule is based on error represented by the administration prejudicing of implementing its technical and financial commitments or using its authority illegally.

Abstract

Resulted in tremendous progress achieved in the field of scientific and technological development in the field of production , and thus the emergence of a huge amount of goods and products of complex technical , which may often be identical, and can be difficult for the consumer , whether contractors with the product or from a third party , from non-professionals , Science enough minutes and the details of its affairs or technical briefing on how to use and avoid the risks and adverse impact , while we find in the corresponding party stronger in the contract, represented by producers who possess the elements of science adequate information essential and necessary related to the contract to be concluded , in order to achieve a balance nodal between the parties in terms of the level of knowledge and know-how on the goods and products that are contracted , the imposition of the French judiciary commitment to information on the product , which found him a legal basis in some of the provisions of the Civil Code , which utilized the consumer contracted only , but in the light of the development of goods and products, which have become harms affect consumer contractor and others at the same time , so we need a legal system that can find the basis of it, and of a special nature so taken advantage of the contractor and the others at the same time , and see what the echo that the Iraqi civil law and comparative law.

Abstract

Check-mail address: is the equivalent of electronic checks traditional paper which we are accustomed to deal with, which is a electronic message documented and locked it sends the source of the instrument (the buyer) to a recipient check (Merchant) for adoption and submit it to the bank, which works via the Internet, to the bank deduct the amount of purchases made via the Internetthe balance of the buyer and added to the balance of the merchant and is this discount electronically and intervention of the banking system, and then the bank to cancel the instrument and return it electronically to the recipient of the check (the merchant) to be an indication that he had been to cash the check actually can be the recipient of a check to be sure electronically it has already beentransfer the amount to their account, and then the bank shall notify each of the parties as of the transaction banking, any balance from the buyer discount and add it to a merchant account. The electronic check is used in the same manner used by traditional check, but the first is more secure than the second because of the difficulty of forgery and providing many of the means of protection and electronic security.

Abstract

The pair owns divorce his wife when McCann Welcome to divorce , it is natural that those who have really owns of agency which has delegate pair of his wife in the divorce itself is called this of agency authorization Valtvweid is to have a pair of his wife 's right to divorce itself , and the mandate is all the word indicates it has been mentioned to him three words , a " micaceous yourself or choose yourself or your hand Amrak " It may also be an absolute mandate may be constrained by a time certain , or in addition to the future and the divorce judgment fact authorization may be revocable and may be irrevocable .

For the surround aspects of this research, we found it appropriate to divide the research on the subject of delegated divorce to the wife on the three topics we dealt with in the First research the concept of delegated divorce to the wife and it distributed on two demands at first demand Pena meaning delegated divorce to the wife in the second requirement Frdhana which to guide the legality of the mandate of divorce to the wife while the second section Fbgesna the legal nature of the mandate to divorce the wife has dealt with this issue on two demands Aferdna first demand to the fact that the mandate of divorce to the wife and Pena in the second mandate formulas , and in the third section dedicated to the divorce judgment Buffer mandate We have reached a conclusion that we set the most important findings and recommendations derived from this research