Issue 5


Sponsorship contract

Raad A. Abdelhamid; Nawzad S. Solomon

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 5, Pages 1-62

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.

Courts suits small-value - an analytical study

Abdulkarim S. Abdulkarim

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 5, Pages 63-102

Summary
Small Claims Courts
Small claims court is a court of law, but it’s not designed for lawyers. It’s meant to be a do-it-yourself kind of court, where ordinary people can handle their own cases, whichever side they’re on. Small claims court is a place where people can go to settle their differences in cases worth anywhere up to 5 million dinars It has less formal and less complicated rules and procedures than Supreme courts.
The purpose of the small claims court is to resolve minor disputes fairly, quickly, and inexpensively.
The procedures in small claims court are simpler than in other court cases. Hearings are informal; there is no jury; cases are decided either by the municipal court or county court judge, or by a “magistrate. court costs are lower than in other cases.
Many small claims courts hold evening sessions and small claims courts in large metropolitan areas may have neighborhood offices.
Small claims cases are like other lawsuits, except that the amounts involved are generally too small to make the expense of regular court proceedings worthwhile, and this are contain only civil financial cases.
A small claims court can resolve many common disputes that involve modest amounts of money.

Magistrate civil lawsuit judicial procedures and effects of the public - Applied Analytical Study

Awad H.Yassin

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 5, Pages 103-154

Abstract

The intent of the follow certain judicial procedures is disclosed a clear philosophy of charging, abbreviating the procedures, and save time and effort, and is full of rigid بالشکلیة complex and lengthy procedures except in the case of extreme necessity for the maintenance of the rights and preserve the interests of individuals.
The lengthy procedures and formalities rigid about to be rubble, after the adoption of modern systems a new philosophy that simplify the formalities to the extent that ensures the public interest and does not alienate the origin of the right to the disputed has adopted the Iraqi legislature this philosophy in the Evidence Act No. (107) for the year (1979) in Article (4) (a) it promised to simplify and shorten the formal judicial proceedings one of the most important goals that came out of the Iraqi Law of Evidence.

The legal status of international alliances to civil aviation companies

Talaat J. Jie; Fatima A. Mansour

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 5, Pages 155-187

Abstract
The international committee is witnessing a very strategic changes in many different aspects. Especially in the field of international planes. This subject has a great effect on establishing international alliances. This may represent the difference between the role of a single company and with group of companies. This group may work together to fulfill a specific goal.
These alliances may urge the states to adopt certain political strategies that aim to make the air travel more luxury and the aims of both companies and states come to be true. These political attitude may be seen in signing mutual treaties among the states. These treaties support the international plane to be free from the inner administrations and to make what is called (Open Skies Agreements).
According to these transformations in this aspect, a group of air companies started to make mergers. These mergers aim to consolidate the new company and to face any other company and to make benefit and effectively. This subject may raise a question concerning the alliances and mergers especially in civil plane. There is a kind of mixing between these terms especially from legal point of view.

Solving the executive authority of Parliament - a comparative study

Rasha M. Khalil; Kanaan M. Mahmoud

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 5, Pages 188-218

Abstract
The dissolution of parliament as an end for the parliament before the end of the constitutional term, the tool of the executive branch to the legislative power in systems that are based on the principle of separation of powers.

It represents the most important tools a balance between the government and the parliament, it is through the ministerial responsibility by Parliament, which committed constitutions to work towards the development of controls and safeguards to ensure that the abuse of this right as a result relics serious consequences of such a move legislative authority to the executive branch.

Which necessitated us to study in solving division executive authority of the Parliament on Mbgesin 'first سنخصص to the statement of the solution to the kinds and guarantees dissolved parliament and the implications of the application of this measure and on the three demands, respectively. As for the second part, we tried to study the constitutions of several models in order to compare and legal reality and actual procedure for the Iraqi constitution came to him to compare with him in the framework of this issue and highlight the criticism against him.

Legal protection of private life in the area of ​​taxation

Moataz A. Sabaar

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 5, Pages 219-253

Abstract
The legal texts undertake the protection of the private life of the tax payer in the field of the tax laws . It Sustains in this field between two conviences , one of them is the public Convenience which deals with the public treasure of the state, in guaranteeing the continuation of the tax resources . The second is the private convenience of life which is embodied in the privaty of the tax payer in preserving all what is kept under secrecy . The tax rules impose on the tax directory to keep the secrets of the tax payer and the imper missibility of revealing them publicly, such as, the necessity of practising the rules of tax law, depending on the vocational privaty . from other side, the tax law gives the finance directory some allowances in order to reach the read incomes that come under the taxs, such as the right of checking, investigation on the condition, the use of such there right should not violate the private life of tax payer . But, they should be practised in the conditions that are legally permitted .
According to another angle, the tax payer has no right not to supply the tax directory with the reports, documents and information that are required in order to evaluate the income due to tax, or stop the tax directory from checking his documentations or visiting his work place due to his privaty .

Political Philosophy of Thomas Hobbes

Ihsan H. Salman

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 5, Pages 254-289

Abstract
Europe experienced in the first decades of the seventeenth century, a gradual process of liberalization of political philosophy from the link theology, and imparted the secular character of intellectual interests. The idea times normal again, an idea hypothetical objective confirmation of the freedom and equality of individuals and the return of power to the origin of my people, and has taken this idea two directions, the direction optimistic, which stems from the era of natural RPR simplicity and virtue, and the man was living in happiness, and that the State spent on these happiness. While the pessimistic direction, is considered to be the life of the jungle is that prevailed in the society and the natural state formation spent on these disadvantages finding Laws governing the lives of individuals. Then came the idea of the contract, which is an extension of the idea of natural age, to explain the phenomenon of the state and its authority. Hobbs came his theory in the social contract, adding a new contribution in political thought. In book (Alliviathan) the body of his political ideas in the state that protects the vulnerable from attack mighty and intermediary organizations. The research hypothesis came that Hobbes bearer individual and Alatalaqah, but defended his absolute rule system based on the theory of natural law and the social contract and not on the theory of divine right. As this study was to clarify the philosophical and intellectual construction of Hobbes, in the interpretation of contract theory and how to set up absolute rule on the basis of the benefit of individuals indicating the logical sequence for his theory that rely on causality and the analytical method and the conclusions reached by the final.

POSITIVE SOCIAL VALUES DRAWN FROM THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

Fareed J.Hamood

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 5, Pages 290-327

POSITIVE SOCIAL VALUES DRAWN FROM THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

DR. FAREED JASSIM HAMOOD
KIRKUK UNIV. / COLLEGE of law and political sciences

Abstract
Positive social values have got an important role in developing the countries, since they have relationship with basic subjects , such as:
The social change ,the social development and advancement the duties ,the rights, the law, fairness , and justice .
The implementation of these subjects may take part in solving the problems of the human being and the society as a whole.
The ambition of the researcher is :-
First:- to shed light on limiting the social values which were either written openly or had had hidden meanings in the universal declaration of human rights.
Second:- to draw a conclusion about social values from (UDHR),using the conclusive method giving us arecend knowledge reflecting productive concepts prevailing in the society.