Alnoor Journal for Legal Studies

The term "model judgment" refers to an action taken by the European Court in response to the growing number of complaints being submitted to the court. These complaints are typically based on the same violation of rights guaranteed by the European Convention on Human Rights. Essentially، there is a "fundamental issue" within the domestic legal system of the defendant state. In response، the court، under this procedure، determines the "general measures" that the defendant state must adopt in order to swiftly resolve the "fundamental issue." The court obliges the concerned state to implement an "internal appeal" process to address "repeated complaints" that have been postponed by the court until the required measures are taken. This judgment differs from other rulings in terms of its effects، as well as its distinct nature when compared to ordinary judgments. The question then arises: to what extent can one reconcile this distinctiveness with the principles governing the European Convention and the scope of the Court’s jurisdiction?.

The issue of family disintegration is one of the most prominent problems that threaten the lives of spouses and the entire family. This scourge has invaded most classes of Iraqi society, and this is due to the rapid social and cultural change that our society has gone through, which led to an imbalance in the structure and function of the family, which was followed by the occurrence of tension and conflict between The couple ended up with family disintegration. The topic of family disintegration has aroused the passion of many researchers in various fields of science, social and psychological, but it has been less interesting in the field of legal sciences. Although it is a social problem, it at the same time constitutes a legal problem that needs to receive the attention of legal researchers, and to propose effective solutions in order to eliminate it or at least reduce its high levels. We summarize our research on the impact of family disintegration on marital life, so in this research we will explain The role of society, institutions and law in addressing the dangers of family disintegration and how to preserve family cohesion and prevent its disintegration, with a proposal for legal texts that serve this role.

The search for the place of a fair trial in private international law is conducted from two angles, On the one hand, a fair trial begins when a judge directly decides a dispute between ordinary persons representing a foreign element, The judge determines the competent court to consider the dispute according to certain criteria, sometimes according to the most appropriate court or the inappropriate court. Legislation has differed in adopting each of these two theories, On the other hand, a fair trial is also invoked when a foreign judgment is recognized and implemented. Private international law, such as international criminal law, actually allows us to see the place attributed to a fair trial when there are multiple competent courts. These topics that focus on the circulation of standards from one country to another highlight the fact that the normative space can, on the one hand, implement a fair trial itself, and on the other hand, control how it is implemented in another country.

Obligation adgerence in showing and transparency has been significantly increased at the company saving activity filed. These significance has from conceding that the beneficiary has no direct mean in which he get the required information that are connected with the company and its natural saving moreover depending on it. The investment decision making that is suitable for purchase shares or not. The company participants it depends on these information and the reports that company discovers in terms of reflecting its natural saving and make it as equivalent as it natural reality furthermore, its decision. The natural principles and if these information and reports are not correct, not clear and equivalent to natural then it will be wrong.

This research paper focuses on proving electronic administrative decisions, in light of Iraq's striving to modernize public administration in order to keep abreast of developments in the virtual world, embody electronic government in order to protect the public interest, bring administration closer to the citizen, and allow citizens to access digital platforms to know the decisions addressed to them, which It contains the basic elements found in traditional administrative decisions, but it is done through electronic technology, which prompted us to search in the problem of authoritative proof of electronic administrative decisions and their probative power through electronic writing and text messages via e-mail.

The research findings clearly demonstrate that, despite the comprehensive and universal nature of international humanitarian law (IHL) principles, significant challenges arise in their application to cyberattacks. The virtual nature of cyberattacks and their connection to civilian infrastructure make it difficult to effectively and precisely apply principles such as distinction and proportionality, creating real regulatory gaps within the current legal framework. Furthermore, the "Tallinn Manual" represents an important step toward regulating cyberattacks within the framework of international law, but it does not cover all critical aspects. It is non-binding and faces international objections. Based on these gaps, there is an urgent need to establish a dedicated international legal framework to regulate cyber warfare and its growing impact in an increasingly technology-dependent world. This research aims to examine the legal nature of cyberattacks within the framework of international humanitarian law, determine the legal characterization of such attacks, and highlight the necessity of a specific legal regulation. The research adopts an analytical methodology to analyze jurisprudential opinions and international legal texts related to the research topic to achieve its objectives.

Urgent requests are of two types in terms of their submission to the judiciary: urgent requests submitted to the state judiciary "orders on petitions" and urgent requests submitted to the urgent judiciary. As far as the matter relates to temporary alimony, the cassation decision under investigation has settled the type of this request and considered it to be among the orders on petitions "urgent requests submitted to the state judiciary". This decision is subject to consideration. Based on the general provisions regulating the procedures for considering urgent requests submitted to the urgent judiciary, we find that Article (141) of the Civil Procedures Law permits the submission of an urgent request in two ways, either independently to the urgent judiciary or subordinately to the court of subject matter during the course of the case. In both cases, Article (150) of the Civil Procedures Law requires that requests be submitted by a petition in which the opponent is notified at least twenty-four hours before the scheduled session, while the general provisions regulating urgent requests submitted to the state judiciary, we find that Article (151) of the Civil Procedures Law allows anyone who has the right to obtain an order from the court to carry out a specific action to request the competent court to issue this order in the event of urgency by a petition submitted to the competent judge, who is required to accept or reject the request through the state order that he issues, provided that the person against whom the order was issued is notified with a copy thereof in accordance with the provisions of Article (152) of the Civil Procedures Law, meaning that notifying the opponent in urgent requests submitted to the state judiciary requires after the issuance of the orders and not before because it is based on surprising the opponent "which is considered one of the main points of disagreement between the state judiciary and the urgent judiciary". Therefore, we see that the request for temporary maintenance is considered one of the urgent requests that fall within the jurisdiction of the urgent judiciary and the decision issued therein is subject to direct cassation without appeal through a grievance

The Civil Service Law is one of the most important administrative laws that deals with job titles and ranks. According to this law, each vacant position is assigned a specific job title, and based on this, the employee is appointed to that job rank. The Iraqi legislator has made several amendments to this law, the latest being the Twenty-First Amendment (Law No. 19 of 2024), which involves the inclusion of new job titles in the salary scale. For example, an employee with the rank of Senior Chief Engineer will be promoted to Senior Chief Engineer I, and similarly, this applies to all other job titles. Additionally, the law grants the Minister of Finance the authority to issue regulations aimed at facilitating the implementation of the law, which has been done through issuing a series of circulars addressing this matter.

One of the most important legal principles that regulate contracts is the principle that the contract is the law of the contracting parties and the principle of the binding force of the contract. This means that the conditions agreed upon by the two parties to the contract are the governing ones between them and they take into account the agreement of the wills of the offeror and the acceptor. After their union, the contract that represents their joint will appears. This leads to considering that these conditions that were the result of the agreement and the union of the offer and acceptance are binding on the two parties to the contract and may not be violated by either party to the contract and that the contract is implemented between the two parties in full until the end of the period agreed upon in the contract. However, for many different reasons, one of the parties may need to terminate the contract unilaterally before the end of its term. The law sometimes gives one or both of the contracting parties the right to terminate the contractual relationship, and this is called (cancellation by unilateral will). This may be due to the nature of the contract, as it is a non-binding contract, according to Islamic jurisprudence. An example of this is agency, deposit, and loan contracts. One of the contracting parties may also have the right to put an end to the contractual relationship due to the presence of one of the options in the contract, and the options are many and varied