Volume 2, Issue 6, Summer 2013, Page 1-384

Adli warning or protest morphological

Talib H. Musa

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 6, Pages 1-19


The Jordanian civil law, among other Arab laws, had treated the judicial warning, which is supposed to be addressed judicially customary or oral, whether by the creator or the debtor. The Arab commercial laws don’t recognize the judicial warning by such schema; they use the term protestation, and they give it particular regulations and significant division to apply, such regulations can’t be found in the civil judicial warning. The problematic to treat in this study is to answer the following question: can we admit to submit the protestation to the civil regulations usually applied on the judicial warning? If no, then we should distinguish between the two different terms, if yes, then the civil regulations should be applied on the commercial protestation.
We answer this question on two chapters, the first one try to define the protestation; the second treat its practical and legal interests regarding the Jordanian law. Two recommendations were mentioned in this study: the first one is to adopt a model regulation to be applied on the protestation, and the second one assures that there is no need for the legislator intervention to apply the pretended model regulation.

Agreement on the acquisition of companies

Asawer H. Abdul Rahman

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 6, Pages 20-55


The acquisition of the ways in which resorted to by companies to avoid bankruptcy and the world now live a severe crisis started Arhasatha in Image Disorder in the global financial sector spilled over to the rest of the other sectors, and the world has become threatened " severe deflationary pressures ,
Since the negative repercussions of the financial crisis made it necessary to think ahead "in the successful solution protects against all institutions and shareholders' funds of the specter of bankruptcy and must make the most of the financial crisis in the financial markets to be this advantage by directing part of the foreign investment and employment in the local market so seeking large companies that have been working on called by that name whatever the legal form of the company to try to control the market or monopoly if circumstances allowed it to achieve some economic gains (),
This is not in front of small businesses either to surrender in front of large corporations and graduated from the market declared bankruptcy and either trying to prove their existence by resorting to the pool with a goal of economic which is based on the concentration of projects under one management in order to achieve economic interest of the members of its participants , and realized this idea practicable " and thou shalt take a picture international companies or multinational companies also take the form of a corporate group so it was acquiring one of the means that lead to the formation of groups of companies , we have chosen a topic " for study and for the statement of the subject dealt with in two sections first section to study the concept of acquisition statement defined types, The emergence and development of the idea of acquisitions ( a ) , and its properties and the most important features of the acquisition from the merger The second topic Fajssnah the to study the legal system in terms of the acquisition agreement concluded and obligations of the parties to the acquisition and its legal implications

Methods of legal drafting of the texts criminal

Nofal A. Abdullah

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 6, Pages 56-99

Wording of legal serves as a transfer raw material which is in substance the legislative which rules designed to achieve the interests and are formulated in the form of texts to the rules of the process are valid for the actual implementation so as to achieve the purpose desired by legal policy , wording is an important element of composition rule of law because it gives the base form practical application.
And legal texts , which consists of a total of the law include the legal rules , and these rules contain a substance which is known as the substance of the rule which is the purpose of the rule of law and that the content appears in a certain form , and this figure is the means to control and determine the content and to realize than achieved this form by drafting legal .
Defines the legal drafting as ( the process of converting the values that the material law to the legal rules are valid for the application in action) (), also known as the (group means and the rules used for the formulation of ideas, legal and legislative provisions in a manner to facilitate the application of the law in practice and therefore absorb the facts of life in the Templates verbal to achieve the purpose desired by legal Policy) , also known as ( conversion of raw material to specific rules disciplined ) ( a ) , and these definitions are consistent in content and differed in الفاظها . The different methods of drafting legislation in different , as follows legislator different styles in the drafting of texts according to the very aims to achieve legislation, may be the style of the legislature in drafting a clear and orderly in which you can get to know legal policy pursued by the legislator and the goals that seeks to achieve it legislation , and sometimes do not have a technique that followed the legislator clear or specific , but tainted by ambiguity or confusion in the drafting of texts is located in the defects of legislative drafting , and this formulation of inaccurate results in texts defective in turn lead to the occurrence of judicial error which requires remedy these defects intervention of legislative

Harmonization of sanctions adopted by the United Nations Convention against Corruption in 2003 and Iraqi legislation

Salwa A. Maedaan

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 6, Pages 100-129


The forms of corruption and photographs of various crime of an international character and an internal, spread quickly with the scientific and technological development, and almost devoid of this phenomenon any of the communities on the planet Collect, which necessitated concerted efforts internal first and then the international fight against this scourge and eliminate them as threateningthe structure of the state and communities, and if neglected her, it is difficult to control for wearing a dress at each crime, whatever its name, albeit by different names but remain consistent substance.
Came the United Nations Convention against Corruption in 2003 photoreceptor countries this phenomenon in terms of the different colors and images, and the noblest of them to take the necessary legislative measures to criminalize the rhythm of the punishment by penalties.
Due to capacity it limited us up to stand in the harmonization of sanctions approved by this agreement with Iraqi legislation that this topic this time in the modern our country, Msoben the pens about the statement of points of attraction and repulsion between both axes the focus of the study.

Position of international law from the exploitation of international rivers

Khaled E. Hassoun; Asmaa A. Abdullah

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 6, Pages 130-176

International law did not seem necessary attention to international rivers only at the beginning of the twentieth century, due to the development and complexity of international relations on the use of international rivers, As well as increased importance after an increase in demand and doubled peoples need to freshwater after the steady increase in population numbers in the world and the diversity of water use, And this is why the development and study of international legal norms governing international rivers as one of the main economic resources which are indispensable.
Iraq is not far away from these problems, where Turkey is still considered the Euphrates River is not concerned with international law "transboundary waters and not an international river." Based on this, it has established its water projects without consulting with neighbors of the basin countries (Syria and Iraq), And so blew principle common rights equal to the basin countries, did not violate the terms of international law, but also hurt the states pelvis which has many economic projects due to low water flow across the river as it violated (Article d) of the principles of the 1966 Helsinki as Euphrates rivers internationally and the same thingwith the Tigris River as it in recent years has seen few in the quantities of water.

Corporate tax electronic

Abdul Sattar H. Angad

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 6, Pages 177-216

Abstract :
The technological development is most important marks of 21st century which spread through the world during few decades , this development spread through whole of the world , the world became a big village , specially during the globalization and spreading of technology through all sides of a life, the electronic trade became easier than classic trade.
The great spreading and using of this trade seriously showed need to organizing it by drafting steady rules to its continuing , it began with electronic trade, the hypothetical world became place of fast & easy trade which leaded to fasting economical and commercial developments , so companies appeared to organizing this trade called – Electronic companies- , they are big companies do trade process by internet, their links with their clients be by their own websites.
But many problems appeared in this kind of commercial activity, starting from trade process until financial organizing operations, the most common of these problems is how the most official departments can deal with these companies about tax issue, especially if we know that these companies have no definite nationality or existence in known state, sometimes the size of their commercial activity will be unknown , so the specifying their tax system will be difficult.
Appearance of electronic signatures and money was natural result of appearance & spreading of electronic trade through the world.
The electronic trade spread after drafting related legislations by U.N, Uncetral , the unified ,typical law which had been drafted on the basis of many organizer laws of electronic trade, later electronic bans and companies appeared , the last one was a natural result of electronic trade spreading.

Policy concessions and tax incentives and their applications in the economic side and Iraqi legislation

Haider N. Ahmed Mufti

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 6, Pages 217-258


State tax policy is pursuing several methods in order to achieve the objectives of the particular economic and social, and most important methods are the concession or incentive taxation policy which is permanent or temporary exemptions, the generosities legally prescribed in the legislation of tax and non-tax to achieve full use or access and exploitation of human resources and better revenue collection therefore preliminary support of Treasury and State economic goals also including support for economic development in the community.
Concession policy governs and fiscal stimulus, usually in tax legislation and even non-tax as investment law, for example, a waiver from the State for part of the right to tax the interest charge towards the State objectives of following this method, and in this sense we find the critical importance of this issue and its economic and social development, but that such a policy part parcel of policy of the State financial and economic policy also relies on the best specific expansion and diversification in patterns of economic activity, both industrially and commercially, and having a widespread impact on prices And economic competition, production and affects the activity responsible for investment and to attract foreign capital and local development, as well as their positive and negative effects at the same time, however, the positive ones the widest range of recent and have a range in the application under Iraqi legislation on income tax and real estate and investment law in force, particularly from Iraq and the effects of this policy on the economic side of the extent up to the economic level of society or the contrary, these applications also at policy Global tax and investment laws legislation

Envoy diplomatic immunity in public international law "Islamic"

Mohammed A. Hussein

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 6, Pages 259-309


In search in our hands ; we will try to answer some questions , first and foremost : Do Muslims knew diplomatic immunities ? Were successive Islamic countries recognize the immunity of foreign diplomatic envoys to? What are the similarities and differences between the diplomatic immunities in the system of international law " positive " that now prevails , and the diplomatic immunities in the system of international law "Islamic" ancestors who knew him and hope his return into the application again ?
Hence the importance of this study, which will attempt to shed light on the bright side of the aspects of Islamic Sharia , and to identify the focus of an important hubs of public international law "Islamic" in theory and practice, and to highlight the diplomatic Islam, and the degree of advancement and progress reached by the Muslims in the area of relations international ..
In order to satisfy the topic discussed ; was divided search to Mbgesin essential, taking the first two diplomatic immunities under international law , " positive " , and ensure the second section extending diplomatic immunities under international law "Islamic" , which included first section three demands , eat first : the definition diplomatic immunity , and the second : historical depth of diplomatic immunity and the legal basis and the third : Types of diplomatic immunities .. The second section , entitled ( diplomatic immunity in public international law "Islamic" ) has been divided into three demands , it handled the first : the status of diplomatic immunity in Islam , and the second : the legality of diplomatic immunity in Islam , and the third : the position of international law "Islamic" of diplomatic immunities prescribed in international law " positive " force .. Search and then we ended the most important what has been reached conclusions.

Russian foreign policy toward the United States in the post-Cold War

Safaa H. Ali

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 6, Pages 310-384


Resulted in the emergence of Russia as the successor to the Soviet Union as a major force dominant to rearrange the balance of power in the international arena dramatically both at the level of the structure of parties to the conflict, or at the level of political arrangements International for the period beyond the control of the United States on international affairs, which means that competition for the Russian-American has entered into a new phase characteristics and variables significantly different from those that prevailed over the past two decades, I've been to the success of Russia in overcoming the crisis of Interior and arrange their positions internal political, military and economic initially as a development of strategically crucial in the international balance of power also ago Russia by diversifying their foreign policies which led to the association relations strategic partnership with many countries of the world and different patterns on the basis of match many of its national interests with the interests of those countries and the consequent increase their efficiency and their capacity to exercise the role of regional and international bigger than ever.
Russia became become today an important force pushing for political change in the world and returned a party has its weight in international politics to spearhead the international position of refusing to uniqueness of American leadership and international can say that how they will employ each party elements of magnitude as that makes it forces able to exercise an active role and essential the overall international policy is the one who will rule in the next stage how and the quality of the change in the international balance of power, the competition the Russian-American raging for dominance and influence on international politics and global affairs Sieverts new results and the task of returning a whole to change the international system now and in the form that leads to the end of the era of unipolar solo power and dominance to favor another system features began to appear .