Issue 8


Procedural extension to persons civil litigation

Yasser B. Thanon

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 8, Pages 1-133

The procedural extension for the parties to the civil litigation is a procedural legal phenomenon related to the laws and parties and their rights, authorities and the means for protecting them. On the other hand, constitutes a procedurally legal system, where the procedure law determines it‌’s rules and elucidates it’s resources, features, structure, tools, provision, scope, means and its relevant and procedural effects. Moreover, the goal behind the procedural extension is the good performance of justice because of the time, effort and the expenses of "the economy in the litigation" it saves, leading to the concentration of the litigation and the prevention of conflicts, contradiction, and the impediment of executing provision, and this achieves good judicature The procedural extension is the extension in the case, including action and litigation generally or the extension in the procedural work with its relevant elements: validity, object and cause, and its formal elements: time, place and writing in particular, either by the legal provision " the procedural extension " or according to the will of the parties or a decision from the judicature " the procedural enlargement " for bringing out a certain procedural legal effect to achieve particular goals according to a certain system drawn by the procedure law.

If the original characteristic is that when the action is brought before the competent judicial body, it shall remain as it is in terms of subjects and with the formula in which it has been submitted for the first time, for the scope of action is principally determined by the original application. However, the action may not continue in this order, for it may extend in terms of subjects. The parties to the civil action are ones in the name of whom a petition is brought to the judicature for obtaining judicial protection , or in the face of whom such a petition is submitted. If a petition is brought by a representative for a subject or is addressed to the representative for the subject, the litigant will be the principal one rather than a representative, and the procedural position will not be restricted to the parties of the civil action ( plaintiff and defendant) only, but it may include subjects in this litigation as a whole save such parties as the judge subjects of the civil litigation, but they are not parties to it, in that they shall not bring out petitions or against whom a judicial petition shall not be brought .These have a procedural position determining their tasks, powers, statuses and their jurisdictions as stated by the law Further, civil litigation requires at least the existence of two parties namely ,the plaintiff and the defendant. however, the plaintiffs or the defendants may be multiplied in one litigation. this is what the law may allow to save the expenses, procedures, and to avoid the contradiction of provisions. therefore, characters are multiplied as litigations are.

In the case of multiplication of litigations, the litigation may set out with multiple parties and this is what is called the original multiplication of the litigants. Moreover, the litigation parties and multiplied after its initiation if a contingency occurs during its progress called multi-contingent litigation. furthermore, in the normal lapse of litigation when the governorship of the court does not come to an end, the procedural extension seems to be similar to litigation extension for the conclusiveness of the decision in it or during correction or interpretation.

Re arbitrator mail ( Comparative Study )

Saja O. Shaban al-Amr

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 8, Pages 134-175

Electronic Arbitration is arbitration, which are procedures via the Internet and entrust the matter to one or more so-called arbitrator or arbitrators cyber provided their commitment to neutrality where the arbitrators to settle the dispute in accordance with the agreement concluded by electronic means for the issuance of a final decision by specialized centers awarded the right to the litigants in the callback request Electronic arbitrator chosen in certain cases related Lakedth and his integrity, independence and non-validity of arbitration and be in accordance with the procedures and steps differentiated its positive law and arbitration centers and for different reasons.

Legal regulation of investment funds

Momtaz.M

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 8, Pages 176-223

I approached investment companies to provide the ideal type of investment for millions of savers who do not want to manage their investments, where the managers of these investment companies, investment funds Hola investors in diverse portfolios of stocks, bonds and money market instruments. Receives investors shares in mutual funds investment companies in proportion to the size of their investments, and working all investment funds in similar ways, where these funds collect money investors in portfolio securities so as to enable the fund manager to get different securities, such as shares of stock and bond funds to bond funds, and sets the objectives of the fund types of investments selected. For example, if the goal of equity fund is Development Capital shall fund invests in growth stocks and similarly if the goal of a bond fund is to provide the benefit of tax-free at the federal level, it will invest in municipal bonds. since buying the fund issues different from bonds Created a diverse portfolio, which also Maigll the likelihood of default and loss after this short overview on the subject we should recognize the importance of the subject and the idea of research and the problem that prompted us to search in the structure and in the following points:

Legal regulation to hold radio and television broadcasts via satellite: a comparative study

Kamran.M.kader; Nasser .K. Jalal

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 8, Pages 224-285

The developments in the communication technology sector have had their impact on the legal side, and the emergence of new legal relations. Among these developments, which has been reached the possibility of broadcasting via satellites. The quality of radio and television broadcasting via satellite and covering large geographical space is one of the justifications that push radio and television broadcasting institutions to choose this route for the conduction of their programs for the followers. Actually that broadcast institutions cannot do it just through a contract with the owner of the satellite. In this regard, we cannot find any regulation for this contract by the legislature. In addition, we observe the impact of the absence of the Telecommunications Act in Iraq and the draft of Iraqi Communications and Media Commission Act, which the parliament is still working on despite the preparation process has been going on for years.
The broadcasting via satellite in terms of concept, characteristics and adaptation, as well as the obligations of each owner of satellite and broadcasting institution will limit the scope of the study. Thus, we see the study of the subject through the two sections. In the first section, we illustrate the concept of the contract of radio and television broadcasts via satellite and we explain, and in the second section, we discuss the obligations of the contract parties.

The scope of international crimes covered by the transitional justice and constraints applied

Ibrahim .Sh. Mahmoud. al-Jubouri

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 8, Pages 286-319

Justice has become urgent topic , and is no longer seen as the accountability of individual narrow , but it is the responsibility of the community , especially after the emergence of the idea of the international protection of the rights and should be guaranteed access to international justice desired and are not materialize once the feeling or sympathy moral but requires a Solutions material procedural exceptional through the mechanisms of judicial and non-judicial and specifically in societies undergoing transition periods as they deal with large waves of crimes of an international character and gross violations of human rights, political ,civil, economic, social and cultural as well as where there is peace and the rule of law .
And lies the importance of research in that it addresses the subject of transitional justice and the most important characteristics and the subject of international crimes covered by the transitional justice , as well as its scope of application as well as the constraints applied and which is one of the emerging themes in the international arena and overshoot of great importance in the scope of public international law they relate to international law human rights and international humanitarian law and international criminal law and it is one of the important paragraphs to activate a global human rights issues .
Transitional Justice modern term began hesitate widely in the Arab countries that have been able to take their people from systems characterized by tyranny and oppression , corruption or both.
And contemporary trends based on the fact that in a country that has suffered armed conflicts , or the rule of despotic regimes and repressive must be followed by the end of that conflict , or the demise of these systems Taker principles of transitional justice , which are mainly based on documented serious violations of human rights committed in the right of citizens and in the right home and other forms of abuse of power and reveal what they are and inform their citizens as well as to hold accountable those responsible for such violations and abuses and purge state institutions who are involved in the commission of serious crimes and abuses with the reform of these institutions in order to prevent recurrence of such violations with comeuppance for justice to the victims and their eligibility or Tkhalaad their memory and the development of programs for the rehabilitation and integration of those who are alive of them as well as the reconciliation between the spectra of different people.

Cause the decision to impose disciplinary punishment on the public employee in Iraqi legislation

Mohammed .S. Mohammed Amin

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 8, Pages 320-351

I've dealt with this researcher in his cause administrative decisions issued to impose disciplinary sanctions on the public employee in Iraq, in the light of the law of the discipline of state employees and the public sector No. 14 of 1991, as amended, without other formalities other law contained in it.
MacKay referred to the site of causation in the decision to impose the penalty disciplinary employee the same year, and between what it is and its importance, and the attitude of the Iraqi legislature and Comparative of causation decision tunable, as between the elements of causation decision tunable and how tobacco consumption, and the terms of the health of causation, Mtelmusa the opinions of jurisprudence and administrative provisions of the Iraqi judiciary and Comparative Law, and his aim was to enlighten the legislature to rewrite the legal provisions contained in the applicable law, and directing disciplinary authorities to issue a reasoned decisions legally, a way that provides a guarantee of more serious in this area of the legal formalities