Journal of college of Law for Legal and Political Sciences

The freedom to stipulate in the contract is linked to the principle of the authority of the will, as it does not depart from this principle because the will is the source of the conditions. Rather, the freedom of stipulation is the principle of the authority of the will in amending the effects of the contract, but this principle is subject to restrictions in the circle of conditions and has a range of this extent defined by Sharia and law within the controls Certain as part of the freedom to contract. Those who open the door to contracting completely without restrictions also open the door to conditions in contracts, and those who restrict the door to contracting do not respect the conditions except what is consistent with its requirements. The conditions attached to the contract are the conditions that restrict the contract in excess of its original and its requirements, whose purpose is to modify, increase or decrease the regular provisions of the contract, and thus differ from the suspensive conditions that attach the existence of the contract to its existence, so that the contract does not exist unless it exists while in excess of the existence of the contract. Accordingly, the Islamic jurisprudence schools differed in determining this range between broad and narrow for the will to do so, so they set Sharia controls for the conditions attached to the contract. As for the legal legislations, they also set controls that limit the will of the parties to the conditions, most of which are in accordance with Islamic law.

The emergence of the idea of the weak party in the contract, that is, in the contractual bond, its protection became a concern not for the legislator alone, but for the judiciary and jurisprudence alike. Accordingly, the contract is no longer the law of the contracting parties, but rather a general contractual system has been established that is growing steadily and characterized by the nature of protection as it aims to protect one of the contracting Against the other contracting party, whether at the conclusion of the contract or its implementation, and it can be said that the contract is the Sharia of the two contractors, that is, their law binds them together, so they control it and submit to its rules on an equal footing without there being any distinction between the two parties. This was the principle that the legislator or judge may not intervene within the scope of the contract to support anyone The two parties are against the other, in breach of the due equality between them. Nevertheless, there are important considerations that pushed the legislator and the judiciary not to adhere to this legal equality, as it is not based on actual equality between persons, and then the legislative and judicial intervention increased to advocate for one of the two contracting parties and protect him as a weak party in the nodal bond.

The enormous technological development witnessed in the world in the late twentieth century, especially in the field of computer and the internet, has led to the inclusion of credit card system into the market of civil and commercial transactions. In view of the modernity of this system and the multiplicity of relations and legal problems resulting from it, it was necessary for the legislator to intervene to regulate it, and this is what the legislator did in some countries, while the regulation of this system in many countries, including Iraq, subjects to the general provisions of the law and banking traditions that may no longer be able to accommodate the provisions of this multi-relationship system and the ramifications of the provisions. This study is an attempt to illuminate the way for the Iraqi legislator in his future efforts to legislate a law regulating the issuance and use of a credit card. The study includes examining a specific aspect of the various aspects of the credit card system, namely the contract between the issuing bank and the merchant. Specifically, this study examines the merchant's obligations towards the issuing bank of the credit card in the merchant's contract within the credit card system. This study has reached several results regarding the concept of the merchant's contract in the credit card system and its legal adaptation. The study concluded that adapting the merchant's contract as an indefinite contract of a special nature is the more accurate adaptation. The study also concluded that there are in merchant contract multiple obligations on the merchant towards the issuing bank of the credit card, some of them are direct obligations towards the issuing bank of the credit card, and others are indirect obligations on the merchant towards the bank issuing the credit card not in direct deal with the issuing bank, but in context of dealing of the merchant with credit card holder. The direct obligations of the merchant towards the credit card issuing bank are obligation to pay commissions and membership fees, obligation to maintaining the means of using the credit card delivered to him by the issuing bank and returning the means to the latter, obligation of informing and obligation to open a bank account. While the indirect obligations of the merchant towards the credit card issuing bank are obligation to accept the credit card, obligation to verify the credit card and the identity of the card holder, obligation to maintain the confidentiality of the credit card information and its holder, and obligation to regulate the invoices and submitting them to the bank. The study presented several suggestions in front of the Iraqi legislator about provisions regulating the merchant's obligations towards the issuing bank of the credit card in the merchant's contract within the credit card system, and the Iraqi legislator can rely on them in the drafting of any special law to be legislated in the future in regulating the issuance and use of the credit card.

Scientific and Literary authorship is considered as a matter that contribute with main role in developing countries that they emerge in them. The Convey of ideas that in eludes these author ship For people. Is always by a Contract of publishing between Considers an important Contracts That Iraqi legislation does not deal with the rights that emerge from the Contract of publishing in Civil Law No (40) 1951. For this reason, we decide to research this Subject.

Nowadays, the protection of a consumer is one of most important and main duties of the contemporary country. As it reflects the value of the man in this country. The protection of a consumer is mainly for the weak party in facing the strong one. The industrial and technological development lead to an increase in supplying goods and services and the variety of characteristics of goods in use of a consumer. The variety of the goods makes a consumer confused of which is the suitable and beneficial one among them as he has not got wide knowledge in comparison with the experienced party who has got a lot of information. Therefore, there must be an obligation represented by informing the consumer with services in a way that suits him well.

This research tosses light on the theory of unexpected financial difficulties in administrative contracts in French, Lebanese and Iraqi legislations. We have tried to propose a roadmap for the legislator regarding the steps to be followed on this type of administrative disputes and to amend its jurisdiction to the Administrative Court..

Corona pandemic is a global pandemic according to the world health organization and most of the life facilities stopped. Because of most countries declared a state of general emergency. There is no doubt about it. This pandemic has disrupted most of economic areas commercial and SOA. The internal and external contracts have been affected. We will explain that effect on the international contracts, But first we must know the legal adjustment and the appropriate for it .we have considered the pandemic as a force majeure it makes commitment impossible.so the commitment ends or an emergency makes the commitment is very difficult to the party which its bound. Accordingly ,the competent judge intervenes, who the rules of jurisdiction indicated or the arbitrator chosen by the two parties to amend the obligations of both sides and make it reasonable extent.

Emergency accidents lead to a breakdown of contractual balances, since contracts at their conclusion achieve a kind of balance in a way that equals obligations between the contracting parties, so if an unexpected accident occurs, it leads to a breakdown of the contractual balance and makes one of the parties implement its commitment exhausting and impossible, and when the World Health Organization announced a virus Corona (Covid 19) As an international cross-border pandemic, states have taken force majeure, which is legally an out-of-control contracting party with a direct negative impact on the implementation of contractual obligations, including the commercial supply contract, and countries have resorted to a Legal mechanisms and ways to address the obligations opposite.

abstract
The scope of private security contractors in contract

We address our search private security scale in the contract and recent developments on this scale in terms of contract subject of the contract and people who bear the responsibility arising from the breach of obligations arising out of this contract, as well as in terms of the warranty period of the ten-year warranty, which can be relatively long and would prevent the contractor from events other buildings until after the warranty.

Abstract
The simple bail contract is one of the important contracts in scientific and practical life, because of the complexity of human relationships and the urgent need to enter and live in the community to satisfy the humanitarian needs had to be the existence for the sound legal organization to ensure the necessary protection in orderly and steadily rhythm to reach the aimed and right desired towards the progress and prosperity of the community.
So the majority of legislations organize these various insurances including simple bail contracts in some detail because it leads to the economic and social function of creditor and debtor together as it gives the creditor security and provides the debtor's trust and confidence. This is one of the special and unique characteristics of the simple bail and where the insurance is either be general, participated by all creditors without discrimination or private creditors without the others.
The private insurance are material or personal insurance and this insurance is generally in truth one of the technical means, which gives the maximum amount of legal protection for the rights of creditors to the extent that allowing the general guarantee idea.
Therefore, we call upon the Iraqi delegated to go along with economic and social developments of the insurance including simple bail the important in legal and review some of the related issues that need accuracy and clarity to harmonize with the progress, prosperity and stability of life in society.