Volume 2, Issue 4, Winter 2013, Page 1-459


The idea of ​​interdependence between the opposite commitments and their impact on binding contracts for both sides

Mohammad H Jafar

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 4, Pages 1-58

Addresses the search key topic of the topics of civil law, namely the idea of ​​interdependence between commitments opposite, where the search specify this idea within the provisions of the law the Iraqi Civil No. (40) for the year 1951, and the role played in the links the various legal, and specifically within the scope of binding contracts for both sides. Has We have tried through this research stand at the concept of the idea of ​​interdependence and the legal basis upon which, in addition to determine the scope and Conditions crisis provided for the establishment, and then review the position of civil laws and Islamic jurisprudence of this idea, and after the completion of search meaning of the idea of ​​interdependence between commitments opposite in the first section From this research, we dealt with in the second part, after the idea of ​​interdependence in the links and legal systems stipulated in the Civil Code, where we found out that the many legal systems based on the idea of ​​interdependence between commitments opposite in binding contracts for both sides, stands at the forefront of these systems provisions relating to payment not implementation of the commitment lumpy and also the annulment of non-implementation, in addition to explain why carry the debtor to deliver something specific liability mortality due to foreigners on the basis of the idea of ​​interdependence as well.
And we ended our search this conclusion've included the most important conclusions that we have reached, as well as revenue the most prominent of the recommendations that we believe need to be adopted or taking them into consideration, especially with regard to reconsider the provisions of Article (428) of the Civil Code of Iraq, which was considered by the debtor to hand over a certain thing after contract guarantee hand and not by the Municipality.
This is worth noting finally say that the idea of ​​interdependence between commitments opposite in binding contracts for the lateral and the implications of taking them, is limited to those contracts within the scope of civil law, but it expanded to include all contracts binding for both sides whether they are governed by the provisions of the civil law or the provisions of the other laws, فالترابط between commitments opposite Verifier in binding contracts for both sides governed by administrative law, and also those that are subject to the provisions of international law and international treaties, States parties to the International Treaty be agreements binding governed by the idea of ​​interdependence between commitments opposite, and then یترب it all points to be achieved as a result taking them, especially the principle of non-payment implementation, and termination for non-implementation.

Civil protection for magnetic credit cards

Nawaf H Khalid

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 4, Pages 59-160

The magnetic credit card of the most prominent manifestations of the means of evolution meet financial commitments at the present time, as the bank issuing these cards to its customers this campaign whereby the cards to obtain goods and services from merchants who accept the deal the cards.
Not been subjected to the Iraqi legislature legislative regulation to deal with a credit card, despite the presence of a number of banks have issued such cards, and then the relations between the parties are subject to the will of the parties and the general rules in the contracts contained in the Civil Code.
The deal with a credit card on the triangular relationship between the parties, there is a relationship between the bank and the customer carrier of the card is governed model contracts puts the bank would normally carry the character of compliance, identifying these contracts rights and obligations of the parties to the relationship and the consequences of misuse, and that there is a relationship between the bank and the merchant who accepts to meet these cards to cardholders, and carries this decade also comply recipe and defines the rights and obligations of the parties and the resulting responsibility for the breach, and finally there is a relationship between the merchant and the cardholder is a sales contract or provide the service and is subject to the general rules.
These contracts are mutually binding contracts entail a breach of the order nodal responsibility for the breach of its obligations. And to the Besides Streptococcus responsibility there tort produces about dealing with this card in the absence of a proper contract.
In the absence of legislative regulation of credit cards These cards remain subject to the general rules of civil law, and this is a legislative shortage of Iraqi legislator should be addressed.

Disadvantages unfamiliar neighborhood and legal basis

Ibrahim S Attia Hassan

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 4, Pages 161-191

It was said that (your neighbor near better than your brother's term) This argument must mean deepening ties and good habits and behavior outstanding and put aside their differences relying on our book Quran and the Sunnah of His Messenger    and sayings of scholars, but the evolution of the machine and the different ideas and conflicts of interest, and the different standard of living,and varying religious commitment all this led to occupy the shoulders of the judiciary are endless lawsuits increases as civilization evolved and converged neighborhood and the originality zero, and less these lawsuits whenever entrenched values ​​and principles mobilization ... These disadvantages must be a statement to the effect and minimize effects to create a cohesive society and pay attention to the noble values ​​and good habits.

Letters of credit fraud and its impact on the bank's commitment - a comparative study

Azad SH Saleh

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 4, Pages 192-254

Documentary credit plays an important role in foreign trade (International), especially in the scope of the implementation of international trade contracts as a foolproof way to settle the payments resulting from international trade and believes the conflicting interests of the seller and the buyer.
As the international trade takes place between the seller and buyer are in two different countries, so every party wants to be assured of their rights. Valbaúa wants to make sure of obtaining the price of the goods, and at the same time, the buyer wants to ensure receiving the goods that have been paid for.
So intervened banks as a key player in international trade operations to regulate this process by letters of credit, and what was the system of credit deal with both ends of the business process through documents, has managed some people commit fraud and fraud in documentary credits damaged large importers. Because the assets and the standard international norms of documentary credits did not address the issue of fraud as a restriction on the principle of the independence of the Bank's commitment, hence the reason for our choice of the research topic.
This research aims to shed light on the nature of cheating in letters of credit, and the statement of the objective conditions and formalities required for the Zuma significance of this fraud and arranged for its legal, as well as a statement appearances Applied to cheat in the context of the documentary credit under the jurisprudence and the Iraqi judiciary and Comparative Law, and clarify the impact of fraud on the bank's commitment to rely documentary. This research presents finally highlighted problems raised on this subject, in addition to the methods of protection against fraud in the letters of credit.

The legal system of disarmament of weapons of mass destruction in the light of public international law

Abd Al Sattar Hussein Jumaili

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 4, Pages 255-297

In light of the perception of early seriousness of weapons of mass destruction, and the consequent use of losses and pain indescribable, it has crystallized the efforts of international law branches different set of norms and conventions and treaties global, regional and bilateral to reduce this risk, formed by its principles and rules of the legal system to disarm these weapons. But in spite of the crystallization of this system and عمومیته, but it has not been implemented according to the legal standard objectively to all states, but has controlled this application of double standards as an expression of the balance of power and domination by the major powers, especially America, which has dominated the structure of the international system and the balance of power in it after the end of cold War and tried every means, including the occupation, the imposition of the application of this system in accordance with the standards and interests, what imposes a concerted legal and humanitarian efforts in order to put an end to this imbalance in the application of international law and international legitimacy in general.

Reservations on the international human rights conventions

Laith al-Din S Habib

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 4, Pages 298-344

The system of reservation to international conventions a manifestations modern legal in the field of international relations, which provides for the right of states by making a reservation on some of the provisions of international conventions in accordance with the general provisions set by the material (19 - 23) of the Vienna Convention on the Law of Treaties 1969, since which may to some countries exceptioncertain provisions of the International Convention of the application in view of the nature of each state and circumstances of the Interior, and if the right of States to the reservation guaranteed internationally, the problematic legal lie in the reservations expressed by some countries on a terms of international conventions on human rights, and no doubt that the express reservation to those conventions maycontribute to the fragmentation of the Convention to be anchored or stop the legal implications of some of the rules of international human rights in the face of reserving States, given the importance of the topic I thought I can find in this regard noting intended to reservations of international agreements on human rights and the legitimacy and then show the most important legal proceedings own and ways to control them.

Setting administrative role in protecting the environment

Zainab K Sawadi Daoudi

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 4, Pages 345-397

Praise be to Allah, prayers and peace be upon the Messengers, and his family Almentajabin, after not interesting legislator environment attention to an emergency or a novel, but is interesting as old as the modern state has become clear emergence of administrative law after the separation of powers After that crystallized the features of the executive branch بوجهیها administrative and government One of the commitments that were thrown upon themselves to attention to public health as one of the elements of public order, but without having that interest entitled Pather environmental pollution on public health, despite the advancement of Governments instrumental in the fight against common diseases at the time such as malaria, cholera and other deadly epidemics due to lack of human intervention in appearance as the cause major, but the acceleration of industrial and technical make causing environmental pollution, making governments stand over equation one edges of society and other product technologies and user Between the right of society to live in a healthy environment and the individual's right to work and own property had to be the foundations and rules limiting one two rights for the benefit of others pursuant to pay detriments first base to bring benefits.
It is also the time who became the subject of the environment affair internationally, given that many of the causes of pollution and its effects are a cross-border Kalgazat and marine waste and many others, making it difficult confined within a regional and despite the fact that a lot of the components of the international community are still calling for sovereignty absolute state on its territory and what is happening in it from activities at different levels, but the concept of absolute sovereignty receded in front of transboundary environmental damage was on the national administrations or the executive authorities of the States to pay attention to this matter so that the state does not take over the responsibility of the international community for polluting the environment or shorten the mistake of internal authorities.
From here, we found the need to search for the role of the national administration in protecting the environment, being responsible for maintaining public order بعناصره known (public security, public health and public order), and if the effect of environmental pollution visible on public health, the relationship of pollution security comes through the prescribed environmental security which forms an integral part of the overall security system, including join it from a variety of elements, notably, economic security, social security, food security, information security and a lot of elements that related to the tranquility of society in different ways.

Change Management International " theory of vision "

Hazem H Musa al-Janabi

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 4, Pages 398-459

The beginning, clear map search, which included an introduction and two sections and a conclusion, conclusions and as follows: The search begins with an introduction, including the importance of research and that started from the position and the role that occupied by change management in the international system, particularly in the world after the Cold War, and this is what he catches decision makers hence launched important Search
We put the foundation stone for this search we have encountered are problematic: made of? Change makes the administration? Um administration made the change? Is it driven by change? Or managed? This was an incentive for us to search .. فجعلنا are based on the premise that (whenever they change management rational, whenever possible control change.) To drag us search the international arena be higher scope him and more comprehensive, defying the odds scientific This is required because the aim of the research is to realize the position occupied by the management of change in the strategic thinking of international .
The board search, it may be of two sections and several demands as follows :: The first section titled Change International, which قسمناه to three demands: the first requirement: Turning the philosophy of change, but for the demand of the second, Vahtam the concept of change, and then comes the requirement trimester guarantees the names change .
The second topic came entitled: Change Management International, a divided is the other to the three demands as follows: The first requirement was interpreted our philosophy of change management, and continue with what ever talked about in the second requirement to the concepts of change management, down to demand the third to be his mission disclosure of the names of Change Management .
In conclusion, we can say that hypothesis Nash (whenever they change management ... whenever possible rational control change) are correct and express through the conclusions reached by the board learned from research as results.