Issue 1


Commitment to the expiration of a foreign reason

Burke Faris Hussein Jubouri; Awad Yassin Hussein al-Obeidi

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 1-35

Abstract 
   Originally one binding acts, which concluded with individuals in the commitments and actions following the verse (and fulfilled the Covenant that was responsible) (), and the obligation to fulfill the Covenant is a moral obligation before they have a legal obligation because the fulfillment of the Covenant is something imposed by the moral obligation and good behavior and manner that is consistent with the principle of good faith and the stability of transactions between individuals.But the fulfillment of the Covenant is not a commitment never have objected to implementation of the commitment obstacles or arise during the implementation of the impossibility outside the control of human transformation, without a commitment to a range of his decree and be impossible or obstacle beyond its capacity rights, here, the interests of justice require that (no obligation to impossible) and commitment outside of the human energyThe expiration of the commitment of the impossibility of its implementation because no hand to the debtor which makes the existence of such impossibility or what is known as jurisprudence (why foreign) cause the expiration of the commitment, this sense raised a selection of the subject of this research and is marked by (a time commitment why foreign) with a stop at the position of the Iraqi judiciary So it must show the importance of this subject and objective of the study, methodology, and the research plan and this taken up in turn.We have mentioned the term cause of the foreign law the Iraqi Civil No. (40) for the year 1951 in citizen several of Article (168) to ensure the contract and Article (211) in the Common Provisions of the work is legitimate and in Article (425) in the third quarter the expiration of the commitment and it makes the need pressing for the purpose of addressing the term (why foreign) and to make it and its importance and the effects that Tterb it.The aim of this study was to address one of the reasons the expiration of the commitment and trying to figure out the criteria that can be adopted to consider the expiration of the commitment the reason foreign, through the analysis of texts and Taeselha and look at the opinions of jurists in this regard and be guided by the decisions of the courts, which have an important role in mature thought and access to practical solutions aimed at .    We have divided this study into two sections, we dealt with in the first definition of why foreign, while the second was when we dealt withTerms of commitment to the expiration of why foreign and the implications of this.

Surveyor responsible for the civil limits of error in the installation of a property

Amer Ashour Abdullah

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 36-54

Abstract
The right of ownership of the properties it is the right collector, ie, they entitle the owner of the authorities of the University of Use, exploitation and disposal, if that's the case, it is true question of the scope of this right to any shop, which are exercised by these authorities? .It is obvious that the answer is clear in terms of identifying these authorities something owned by the same, and this is what is supposed to be this thing a specific manner distinguishes it from other things, and know the place of this right does not raise any difficulty for the movables, because these things by virtue of the possibility of transfer, it has independent entity and is separate from the other stuff, but it is not so readily if it came with a drug, so that the real estate by virtue of its persistence and sticking to each other does not distinguish from the other as is the case in the portables, which raises disputes between landlords neighbors, but this has passed a law the Iraqi Civil Under Article (1060) for each owner to force his neighbor to set limits on their property adjacent, but the questions raised in this regard is how to install the limits of real estate? What are the legal nature of the responsibility of the surveyor, if a mistake in the installation of the limits of real estate? It is the binding to compensate the property owner for the damages sustained by it because of this error in the installation of the border? What is the legal provision for a property owner to build on the property next door and owned by the surveyor is due to an error in the installation of the border, which led to encroach upon his neighbor's property? .These questions and others that led us to choose a topic we discussed this humble, so, we dealt with this subject in the demand for preliminary and the two sections as stated in the demand primer How is the process of installing the limits of properties while we dealt with the topic the first legal basis for the responsibility of the Surveyor Civil In the second section dealt with the effects of legal responsibility Surveyor Civil and research we have completed the most important conclusion Ordna findings and recommendations, which we reached.

Symptoms of a dossier of the Executive

Nawaf Hazem Khaled; Yasser Basim Thanoon

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 55-103

Abstract      The original implementation does not stop as long as the executive authority has been completed and the conditions started the process of implementation as outlined by law, but it may occur to the process undertaken by the Executive Directorate of the implementation of some symptoms to affect the functioning of Vetoagafha, delay, or down right where the statute of limitations.It is intended to stop implementation of the action that results in lack of continuity execution for reasons related to the same power port, because the Iraqi legislature authorized the execution of the judgment during the extended legal remedy if executed convict his judgment in his favor and see the convict a legal means to challenge the ruling and the court raised the appeal repealing the provision shop implementation or its dissolution or undone then have to stop the implementation of the Directorate of executive actions taken .........The delay in implementation is the action resulting from the decision issued by the port of Justice to postpone the continuing implementation based on the check for certain reasons some dating to the rule into practice the same Kgmod judgment or appeal which may be due some of the other to trap the debtor and the denial of religion contained Editor, which may be due some of the other of these symptoms that lead to the cessation of operation of the Executive to a decision by the competent court to delay implementation or the debtor's grace for an appropriate period for the implementation of its commitment to ..... As the limitation of which is to step down or executive editor of the failure to perform at all or submitted for implementation and then ignore the creditor to pursue this implementation a certain period is one of the symptoms that affect the file: Executive Not only limitation to the terms and editors of the Executive, but also addresses the right to recover the deposit maintained by the Directorate implementation. It follows a suspended or delayed to stop the executive procedures taken in the file: the executive at the stage reached and not to continue the pending demise of the reason that led to the suspension or delay, but if were to cancel the verdict or the Executive Editor of the result achieved exhibitors from the symptoms referred to abide by Enforcement Directorate transactions of the Executive to re-condition pre-judgment place of execution without the need for the establishment of the debtor's case for a rule to do so.

The role of mother in the Iraqi nationality and a son

Jottiar Mohammad Rashid; Jalal Hussein Aniz

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 104-130

Abstract This research compares the role of the mother in the transfer of Iraqi nationality to her children under the provisions of the law of the new Iraqi nationality and its role in this area under the previous legislation of Iraqi nationality. Search and ends with the new law to record a remarkable development in this area, especially in the area of ​​the imposition of the Iraqi national origin. However, taken on a new Iraqi Nationality Law of the text on the back case of the acquisition of Iraqi citizenship based on birth in an Iraqi mother abroad, which is a contradiction with the position taken by the new law. And taken to the law and also in not taking explicitly the issue of children's acquisition of Iraqi nationality depending on the acquisition of the mother, leaving her in that matter of administrative interpretations and explanations. Therefore, this research addresses the role of the mother in the original grant Iraqi nationality and acquired for their children.

Civil Liability for medical waste

Muhannad B. Saleh; Ziad Khalaf Eliwei

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 131-153

Abstract

Medical waste materials resulting from the activity of a medical or therapeutic, regardless of the source of these materials, whether public or private institution or private individuals or private clinics or pharmacies or warehouses drugs as well as the waste of experience and medical research, which are either hazardous or non-hazardous and between the two types be medical waste, these wastes if they caused the damage, the responsibility is to repair the damage that is either damage to infect humans or the environment, and the civil liability are either contractual or tort which are within the framework of general rules or laws protecting the environment and be the responsibility of a substantive nature.

The authority of Parliament in the ratification of the contracts management

Ahmad Khurshid Hamidi

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 197-207

AbstractIf democracy means rule by the people, this is the people who manage its affairs directly and this is what was applied in ancient Greece when the number of citizens in one state does not exceed a few thousands, but today it has become difficult if not impossible, the application because of population increase enormous and increasing problems that need to be quick fixes, which was born the need to use the establishment of institutions of different disciplines with the task of running the country on behalf of the group, which resulted in the birth of the principle of separation of powers, and began the three authorities in the state (legislative, executive and judicial) to organize its affairs and carry out the tasks entrusted to it, in this way emerged the leading role of the legislative authority for being the basic reference and the crossing of citizens' rights and aspirations drive, the assignment of multiple tasks and multiple functions and become parliaments play a key role in solving the problems associated with society and its development through the adoption of projects that regulate the activity or the other or through the monitor its proper functioning and performance of various institutions in society, so that the parliaments strong arm of the community in order to establish good governance.The survival of the state and sustainability associated with the extent of the activities of the state and its effectiveness, antennae can state the task of conducting a events that preserve its existence and power to everyone and these events may be of the effects of a normal citizens or it affecting them in more than one side, especially some of the financial transactions, and for that this behavior up to the level of the challenges and achieve his goals required have been entrusted to the legislative authority of Parliament is the true expression of the will of the people and the desires may represent the financial activities of the conclusion of certain contracts as the executive branch and through the exercise of the functions assigned to it need to be the conclusion of many contracts, especially the so-called administrative contracts (for in order to facilitate the delivery of services to the community and its development, especially in the present day, where the expansion of government and increased the difficulties and problems facing society, which requires it to use with persons of the private sector (national or foreign) to participate in providing the best services, and based on this has been the assignment of important conclusion of contracts and implementation of executive power, except for a few decades, the important (and influential on the future of the national economy of the States as the condition for entering these contracts into effect the need to obtain the approval of Parliament, we have divided the study into two sections dealt with the first contracts for the loan year, while the second dealt with the concession contracts of public utilities .

The experience of Iraq's parliamentary constitutional balance between 1925 and 2005, a force

Fawzi Hussein Salman

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 208-244

Abstract
If democracy is common sense and rolling means rule by the people for himself, which means direct democracy as the practical impossibility of this has necessitated that the people choose representatives to the exercise of power rather than a curse which is known as the parliamentary system. If the parliamentary system and one of the most parliamentary systems as well as the presidential system and the local system had been marked by the characteristics and mechanisms essential to distinguish them from other systems is bound to confuse the characteristics and mechanisms of belonging to a particular system with the characteristics and other mechanisms that lead to corruption of the result to be achieved and thus may lead for the demolition of the democratic system as a whole.And that of the basic principles of the parliamentary system is the availability of _khasastin basic first - dual executive power, and the second - a chapter flex between the authorities and the existing relations of cooperation balanced and reciprocal control between them at that Coleman these Al_khasastin conditions and requirements of objectivity, which should be available to the system is a parliamentary achieved the desired goal of it.There is no doubt that the parliamentary system (parliamentary) was not novel for the first time under the Constitution of the Republic of Iraq in 2005 in force, it is a constitutional institution old have been developed since the Ottoman occupation of Iraq (1534-1914) and then continued under the occupation of England, and also in light of the Republic of the current sixth But this time there was a data probably were not present in previous systems.If the parliamentary experience that followed the issuance of the Basic Law of 1925 has resulted in the occupation of England, the current experience in light of the 2005 Constitution in force has also generated under U.S. occupation, which made a number of researchers and specialists record a lot of observations and criticisms on these two experiences. Comes from here the importance of research and motivation to put both experiments in the balance of criticism aimed for the purpose of diagnosis and treatment aspects of slippage in furtherance of the spirit of democracy that we aspire together to achieve and it was divided this research the three main chapters, devoted the first to demonstrate the nature of the parliamentary system, came second to study the elements of the parliamentary system under Constitution of 1925, while the third has Chrisnah to study the parliamentary system under the 2005 Constitution in force.

Publication in the Official Gazette is legislative component or executive action not necessity for it?

Mohammed Abbas Hassan

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 245-272

Abstract
This paper will discuss idea of Law can not be considered in force and take effect unless are publish in the Official Gazette and its application, and prior to such publication is considered premature and void and contrary to the constitutional rules, so we read in the Article (129) of the Constitution of Iraq for 2005 (the Laws shall be published in the Official Gazette and shall take effect on the date of their Publication, unless stipulated otherwise).
Where the constitutional text did not specify a certain period after the publication of a the law did not specify a certain course of action by law after publication in the Official Gazette other than what I went to it the comparative constitutions as will see that later.

International Criminal Court Theme a basic configuration

Abd AlGhafoor Karim Ali; Saman Abdullah Aziz Saman Abdullah Aziz

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 273-291

Abstract





There is no doubt that the establishment of permanent international criminal court with general jurisdiction covers the human society on Earth, is a basic step and important in the way of international interest in securing human life and implement the mechanisms for the prevention and control of crimes, the most dangerous in the year, especially those of international concern.
If this goal will be the investigation of the Integrated him, depends on the wide acceptance of the Statute of the Court (Rome) and a sincere desire to implement the commitments and goodwill, cooperation and effective fully with the Tribunal and to overcome obstacles to its work on national and regional levels and to meet the requests for cooperation with the various shapes and immediate implementation with its provisions, and conduct the required access to the adjustment of the laws.
National accordance with the principle of complementarity with international criminal law and international humanitarian law and other international laws, taking into account that the establishment of this court was complementary to national jurisdictions and not inconsistent with it.
Has entered the Statute (Rome) of the Court since 2002, meaning it is still at the beginning of confrontation (the court) process, and the next we did not remember a lot of working methods and procedures of the Court will lead to the development of concepts and keep it away after years in practice, the actual process, which may call for some together with amendments and additions, including supported applications adapt to the realities of events and developments in the variables on a global scale.

Modernity and innovation in the thought of Said Nursi

Fikrat Rafiq Shafiq; Obaid Abdullah Abd

Journal of college of Law for Legal and Political Sciences, 2012, Volume 1, Issue 1, Pages 292-319

Abstract--
This research tries to study the complexity of modernity and renewal in contemporary Islamic though noration and its readings of terms which are most critical and common in contemporary political literature like as (modernity, post modernity, liberalism, Human Rights…)
Through our study to intellectual, political, and social Turkish map, we noticed that the main question was : what is the nature of modernity in turkey ? Is it Islamic or secular ?
Turkish Society divided on it, supported by some and refused by others like as Said Al-Nursi who opposed the secular nature of Modernity, and his at most aim was Islamic versus secularism and atheism.