Journal of college of Law for Legal and Political Sciences

Abstract The pillar of the will is the terms of the will in addition to the formality followed in the creation of the will. There is a dispute between the jurists and the subsequent contemporary legal perceptions around this pillar, which creates peculiarity that distinguishes it from other pillars in actions and contracts. In spite of the dispute on the pillar of the will, jurists agreed that the offer is a pillar and the will cannot be commanded unless this pillar is supplied. The offer is the basis of the will, which represents its contents. The offer of the will may be absolute (i.e. unrestricted) or conditional, also it may be added to a specific time in the future. absolute offer is not associated with a condition or added to the future time except the time of death and its effect is clear as soon as the will issuer’s death; whereas the conditional offer includes a commitment more than will's terms, and the condition is either in favor of the will issuer or will receiver, or for the benefit of third parties, while the offer added to the future means adding to the time after death. The will can be held depending on the offer itself without the need of acceptance if the receiver is someone who do not wish to accept the will because of his/her inability to express him/herself in addition to the absence of anyone who can express him, or because his inability to own. In this case, the offer is enough to initiate the will; and this is rare if not impossible in other contracts, such features made the offer the core of this research. As for the acceptance of the will, it is the act issued by the other person and his satisfaction of the will, and although the possession does not shift to the receiving party for only by acceptance, but there is a difference in the role played by acceptance in the will: some understand that acceptance is one of the will's pillars as with the case of offer; whereas some consider acceptance is a condition in the will, and whether it is a pillar or a condition, its prevents the property of the will, and this characteristic is added to the specificity of the will in our study.

Abstract Abstract Iraqi state is considered under Article I of the Constitution of 2005, a federal state, and under the Constitution itself the Iraqi federal legislative power shall consist of two chambers, called the first of the Council House of Representatives name and represents a turn of the Iraqi people and the various classes, and called the second Council Federation Council, which in turn represents the regions and governorates that are not organized in a region, and is different from the two chambers under the rules of the Iraqi Constitution in terms of how the composition and terms of reference prescribed each, texts contained in the Iraqi constitution may between how to configure the House of Representatives and select the terms of reference and clearly, while leaving all matters relating to the Federation Council in terms of how the organization and terms of reference for the House of Representatives for the latter to organize the Federation Council through the enactment of a law to that issue two-thirds of the members of the House of Representatives with the consent of, this is compared to the constitutions federal states the US such as the constitution and the German and French violation of explicit and clear the basic constitutional principles, because the issue of the organization of the Federal Council and determine the terms of reference is one of the issues under the framework of constitutional terms of reference do not fall within the terms of reference of the House of Representatives. We were referred through this study to the obstacles that stand in the formation of the Iraqi Federation Council barrier.

Abstract Summary Known that the legislator through controls jurisdiction shows the competent court to consider the particular dispute, but it may determine, in some cases, more than specialty officer so as to provide an opportunity for parties to the conflict in the selection of a particular court Among held her jurisdiction courts, and so on as provided for in Article ( 37) from the Iraqi Procedures Act in force, and which requires competence in debt claims or transferred to the number of courts, he can count the plaintiff to establish the case in the home of the defendant's court or his business center or place of execution or shop chosen by the parties to the case was filed, this does not mean that the law authorized the establishment of a lawsuit one in front of more than a court, where the law does not permit the establishment of a single suit in front of the two Tribunals, if lifting people suit one in front of the two Tribunals shall Champions petition proceedings before the Federal Court, and as stipulated in the first paragraph of Article 76 of the Code of Procedure, where the This payment is recognized in the scope of purely national relations. This is the case in light of the domestic law of any national anxious Pure, while if we came to own international disputes and applying them international civil proceedings If the national courts competent into conflict raise it this conflict had before other foreign court held its jurisdiction application of rules, in this Find tried to answer the question as to whether the national courts accept payment judicial referral arises in front by the defendant to the above suit in front of other foreign court analogy to what is prescribed in the domestic law or not accept this payment. But he and the result of the lack of adoption of national legal systems of the States legal system or the legal regulation to solve the problem of judicial assignment within the scope of private international law, grew up differences and conflict between the views of scholars, as well as different judicial rulings, and varied legislation in the give and accept judicial assignment within the scope of international relations or rejection of her and not be applied to disputes arising therefrom. Where the first two-way direction of rejecting the traditional judicial referral and the second trend appeared pro to take judicial reference in the scope of international relations, and for each direction of the arguments in favor of his mind. , But it is through the presentation of views Faqih shows the importance and even the necessity of taking judicial referral within the scope of international relations, has supported many of the recent legislation trend idiosyncratic modern pro-taking judicial assignment, either for the Iraqi lawmaker did not provide for the taking of judicial referral within the scope of international relations We tried to urge the Iraqi legislature to walk on modern legislation approach in taking judicial assignment within the scope of international relations.

Abstract Abstract Entitled judicial management I want him ease the burden of litigation for people who are unable to afford legal fees, if they lead to the strengthening of the rule of law and approval rights and championing the truth and achieving justice through equal opportunities for citizens there can discount that is able to raise the case at his opponent, who is unable to pay the fee legally required, but impotent can also be lifted and walk in them and the completion of the procedures of the hearing until the verdict and communicated and challenged when appropriate legal means and conduct executed without him pay the fees and expenses prescribed by law or by the court and that a temporary basis. Appendix Justice is the basis of good governance, it is our duty Assignment between him and asked him if he is poor he cannot pay the legal fees and that the law is much like the Laws of new provisions that allow the poor to be relieved demanding temporarily from judicial fees performance for the case that he wants to initiate the action or appeal that wants to provide in the judgment of the verdicts.

Abstract ABSTRACT : This research deals with the certainty conviction as means of proof in criminal issues, where the judge has through this principle freely wide and important role and fundamental in assessing the evidence and acceptance. Criminal judge according to the basis of this principle is free in formation of affectiongl conviction of any evidence offered him as long as derived from legitimate procedures. However ,this principle ,and If it authorizes criminal judge wide freedom to search for evidence and appreciation and acceptance ,but it is not absolute freedom ,it is a freedom of unchecked and certain restrictions purpose is to ensure that the exercise of this freedom in its proper context ,and to ensure finding the truth in a criminal case ,without encroachment on the rights and personal freedoms. The research plan included a preliminary study, which included a set of basic inputs in the criminal proof, and the first section delat with the nature of the principle of the certainty conviction, the research found suggestions in the conclusion specific results, including proposals final l research.

Abstract يعتبر موضوع الأمن الثقافي من أهم الموضوعات الحيوية التي يطرحها الواقع الدولي المعاصر في ظل موجة الامتزاج الثقافي بين الشعوب بفعل العولمة والتطور التكنولوجي، اذ يعد الامن الثقافي من اهم جوانب الامن القومي للدول كونه هو من يحافظ على ذاتيتها وهويتها في مواجهة محاولات الاحتواء والغزو الفكري، اذ لولاه لما تمايزت الثقافات ولا تباينت المجتمعات، وهو امتداد للأمن القومي والاقتصادي والسياسي والعسكريال قائم على احترام وتقدير الخصوصيات الثقافية بين الأمم، اذ يبقى أمن الدول من القضايا المهمة التي اختلفت اساليب تحقيقها ما بين حروب ونزاعات وما بين تعاون وتوافق وشراكة...الخ، سيما في ظل ما يواجهه من تحديات ومتغيرات جديدة بدأ من العولمة، الهجرة والنزوح، النزاعات الاثنية، زيادة على ما تركه التطور الهائل في وسائل و تكنولوجيات الاتصال من اختراق لسيادة الدول حيث بات من الصعب الحفاظ على مقومات هويتها وإنتاجها وممتلكاتها الثقافية، والتي تمثل ضرورة استراتيجية ملحة لضمان بقائها مستقلة، قوية ومتحدة، الامر الذي انعكس سلبا على السلم والامن الدوليين. 

Abstract Everyone has the right to health , which is guaranteed by public relations announcements, positions and attitudes, and urges the spread of a healthy culture. Iraqi legislation has enshrined what was stated in declarations of rights, international charters and covenants, as Paragraph 1 of Article 31 of the Constitution of the Republic of Iraq of 2005 guaranteed the preservation of public health, while the amended Penal Code No. 111 of 1969 criminalized acts that would spread dangerous diseases, whether intentionally Or a mistake and by any means, such as spitting the patient on the floor, coughing without a tissue, violating the quarantine, mixing with others, or not adhering to preventive orders and measures, in Articles 368 and 369, as they are considered crimes against public health, which are at the same time crimes of general danger.