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

The parties must deal in good faith with good conduct with their other adversary.If one of the adversaries finds that the right on the side of his adversary is recognized by him and inflicted upon him without intransigence or arbitrariness, and the representatives of the adversaries shall aim at defending their clients to realize the right. And justice, and that their defense of their clients is not to achieve their aims, whether legitimate or illegal. There is no doubt that this approach was followed for the lack of many disputes, and the opponents and judges rested from the proceedings are intended only to procrastinate and arbitrariness towards the other opponent.

The procedural stubs also play a preventive role that prevents arbitrariness, because the theory of arbitrariness plays a dual role in the control and supervision of rights in general and poses in this area a much deeper problem than the question of responsibility, the problem of the right to play its role in harmony and harmony without contradiction with others rights, This stage precedes the stage of responsibility and is achieved by initiating an end to the use of the right.If it turns out that it threatens the balance between rights, the judge decides (not to accept), which consecrates the preventive role of this idea, which works to reduce the excess or deviation of the use of the right to this extent. And inhibits the order For him to the stage of responsibility or what can be described as arbitrary, or in other words, when it raised the preventive nature of the idea of arbitrariness.

The criteria on which the traditional jurisprudence is based to determine the What is considered are different according to the term used by the jurisprudence to describe the contract for which the time has an effect. The difference of jurisprudence did not stop at the difference in naming this kind of contracts, The contract is a time contract or not, to the extent that a contract of one nature is a contract of immediate from the point of view of a particular jurisprudence. It is at the same time, in the same nature and features, a contract in which time plays an important role, as is jurisprudence when it is divided into decades and decades. Time in these decades was not accurate In the statement of the impact of time on this decade, as counting part of the contracts implementation of the original decades and time was considered a fundamental element in them at the same time neglect any impact of time in contracts can not be overlooked the impact of time and not give it any importance for the duration of the implementation of these contracts, despite These contracts would not have been fully implemented had it not been for this period of time. Therefore, the research sought to demonstrate the extent to which the extended contract was unique and to attempt to clarify this identity by examining the criteria used in determining the time contracts and the usefulness of using these criteria And what they have achieved Resume of important results.

Medicine is one of the most important requirements aimed at maintaining human health, and the importance of economic importance, so we find that a lot of money invested in this area, resulting in the marketing of global markets.

And may reach the level of human to the point of not being dispensed with, and for his contribution to alleviate the pain and save his life, the dangerous nature of the drug does not make him receive the same way that obtains the rest of the products.

The medicine is considered to be dangerous in nature and may cause damage in the case of total or partial disability as a result of poor storage or installation or not use it in the best way.

Therefore, the medicine attracted the importance of research in this subject, especially in terms of its identification, product and obligations imposed on him, and the Iraqi legislator did not care about the subject of medicine and did not specify the definition of medicine, which requires research on the subject.

This study deals with the problem of (succession of states in odious debts). States are subject to changes in their legal status, which affects their previous financial obligations. this change may be one three-level first; include all elements of the state, which eliminate the legal personality of the predecessor state, and second is limited on a part of its territory without eliminating of its legal personality , And third be only in the political system without extending to its territorial sovereignty, since the 1983 Convention on Succession of Property, Archives, and Debt has limited the succession of debts to changes in the Territory, while a change of political system is necessary in cases of succession regardless of the means of change; in order to address the non-compliance of the new systems with the illegal debts of the previous governments, justice requires that the successor government should not be obliged to pay its predecessor's debts for war, personal debt and other odious debts, whether the change of the political system came as a result of revolution or otherwise. In the debt’s succession, only the legitimate debts are transferred to the successor state, but the odious debts not bound by successor state, regardless of the creditor, because they have no fault in carrying them when changing their territory or their political system.

This study is concerned with the discussion of the practical practice of settling the odious debt that is the subject of succession, where the effect and means of settlement vary from one case to another due to different circumstances and how States parties deal with them, making it difficult to say that customary rules In the absence of an agreement, each case must be examined in accordance with its circumstances and circumstances in order In a way that is suitable with those conditions and circumstances.


The debts of States are abhorrent and therefore are not transferred to the successor State if there are financial obligations to the State established by the authoritarian government contrary to the rules of international law, held by the holders of public authority in the predecessor state for the achievement of special objectives or incompatible with the public good with the knowledge of the lenders , And despite the existence of a stable concept of non-succession of countries for the debts of the odious, but this is not achieved in all cases for political reasons, the Iraqi government has left some of the debts that are odious and explicitly and can not be interpreted, such as Saudi Arabia's debt to Iraq during the war with Iran, 41 billion $, Except a The Saudi side has not raised the issue of such debts explicitly so far for fear of being included in the concept of odious debt as a debt of war and then not pay them to them permanently, and the Iraqi side is also afraid of opening the case of that debt ; In anticipation of the inability to resolve in his favor as a result of the world's political developments that could affect the settlement of those debts in a fair manner.

After international migration has become a social phenomenon of a universal nature, whether this migration is legitimate or illegitimate, and the resulting problems have implications for all countries of migration (state of origin, state of transit, country of Diaspora) not only within the scope of international public law Its rules in giving each State the right to regulate its borders and exercise its territorial sovereignty in a way that guarantees its territorial integrity and national security, but also the relations of the migrant in each State of which he or she is a national and the host State within the scope of international law Especially because it has an international dimension that affects more than du To determine the legal status of the migrant in the State of origin by virtue of the legal association between him and that State represented by his or her nationality to determine the general rights enjoyed by all citizens of the State without any distinction between them, whether residing on their territory or as migrants residing on their territory. The land of another country, and special rights in which migrants, although not present in the territory of their State of origin, are in accordance with the principles of Islamic law and the constitutional and legal legislation in force in that State, as well as the international standards of international declarations, Which was adopted to protect human rights wherever they exist, to provide all the necessary living conditions for every human being in respect of the human nature which God Almighty honored and to make him the highest creature in the universe in his native state. To study this topic, this study was limited to research on the rights of Iraqi immigrants related to the nationality of the immigrant , And other miscellaneous rights, through two topics and then a conclusion containing the most important findings and recommendations.

International custom is an original source of public international law in accordance with article 38 of the Statute of the International Court of Justice. The national judge is therefore obliged to apply it and interpret it in cases where this is required. Even if such acts are in conformity with the Constitution of the State. The criterion of illegality of judicial action shall be in accordance with the rules of general international law and not domestic law.
Therefore, we will address the subject through two studies, we show in the first violation of the national judiciary to apply and interpret the international custom, while the second section we address through the impact of this violation, which represents compensation in various forms.

The invention and innovation is a feature of human development and is one of the foundations of progress in the lives of peoples and the establishment of civilizations. Since taking the human mind and the idea of cosmic phenomena and human events, the importance of developing and developing the life that he lives, whether in the physical or moral life, The inventor is the person who has a complete conception and idea of the invention. If two or more persons participate in the work of an invention, then they are jointly inventors or inventors together, and whether the person is an inventor or a joint. The first step in determining whether a person is an inventor lies in determining the extent to which that person contributes to the work of the invention, since the person is not an inventor because of his or her job or financial contributions, nor is he an inventor of the invention. The protection of the rights of the inventor and the promotion of creative activity are among the main objectives pursued by the intellectual property laws in general by rewarding their efforts, the fruits of their ideas and the money they have spent by granting them a monopoly right to choose. The third party shall not be entitled to exploit the invention subject to protection without the permission of the owner. However, this should not affect the economic and social development objectives of the society which granted him this right, and the possibility of exploiting his invention as soon as possible and sufficient to cover the needs of society, Or by licensing the exploitation of one of the industrial projects capable of carrying out such exploitation.

Economic and technological developments have cast a shadow over legal thought, especially in the field of contracts. Those developments have influenced the contractual principles that the doctrine and the law have established and led to the imbalance of the principle of contractual equality.

This imbalance is reflected in the emergence of unfair conditions and adhesion contracts. One of those contracts that the research attempts to prove is the availability of adhesion character to banking. This subject has been controversial in jurisprudence, legislation and judiciary. The doctrine of jurisprudence has gone to not regard the banking operations of the contracts of acquiescence, while a modern doctrine sees not to say that the banking is adhesive. Recognition of the availability of adhesion to banking requires legal protection for vulnerable parties which the research try to prove.

Key words: Adhesion Contract, Banking, Consumer Protection, Unfair Terms.

The subscription of the shares of the joint stock company shall be considered as an effective means of forming its capital. Since the subscription shall be private among the founders in a part of the capital of the company, the remaining shares shall be offered to the public by way of public subscription. In other cases, the subscription may be limited to the founders, , And the positions of the laws differed on the closed subscription on the one hand and on the percentages to be subscribed by the public in the public subscription. The position of the Iraqi legislator was clear in the Companies Law No. 21 of 1997 regarding the percentages to be put to the public and its refusal to subscribe closed , But under the amendment in 2004, it was stipulated to raise the upper limit of the contribution of the founders, making some of the jurisprudence goes to the possibility of the founders to subscribe to the entire shares of the shareholding company, ie the establishment of a joint stock company without recourse to the IPO through closed subscription, The other opinion that the amendment did not change the rule of the obligation of public subscription, and through our research, we will address the IPO in some detail under the last amendment and the impact of this amendment to the provisions of the IPO to show the correct position of our legislator.

The legislations of different countries are not equal in legal status between the national and the foreign, because the national enjoys some privileges and rights and is committed to many duties. The foreigner does not enjoy these rights, nor does he abide by those duties. This difference varies from state to state. The foreigner is determined by a set of legal rules set by a particular State to apply to aliens entering and leaving their territory and the nature of the rights that they may enjoy while in the territory of that State. Double intention of the States, on the one hand with its citizens, on the other hand, with the aliens on its territory, a group, and for that classified the rights of foreigners to their right to enter the country, and out of it.