Issue 11


Underwriting of securities and the role of banks in which (Compared to a legal study)

Omar N. Yahya; Ahmed H. wasmy

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 1-60

Companies resort to issue and subscribe securities when founding company or when increasing its capital. Subscription in general is directed to the public by an statement or subscription leaflet issued by authorized bank which act as a managing director by the legislator. The role of the bank starts before commencing the process of subscription. The bank propagandizes and publicizes the process of subscription and states the legal and formal terms that should be found in subscription. It also monitors the legality of subscription and receives it and issues certificates of subscription after achieving legally the required percentage with the capital of company which having shares subscribed and it closes the process of subscription. On this basis ,the bank must not break commitments laid on its back since it bears a tort liability if it breaks its commitments towards subscribers and its liability may be contractual towards the legal status which issues the securities where it acts as a managing director if it breaks the terms of attorney powers .

The idea of the prosecution in the law of evidence (compared study)

Firat R.AL JAF

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 61-115

Each suit of two elements consist, first is the reality element, and the second is an element of law and the rule that proves the opponents in front of him, The liabilities are to prove the fact, this is the place of proof, which bear the burden done either law, the judge was spending his knowledge, he imposed the flag law, but of duty by virtue of his job that the law applies to the dispute before it, and he cannot refrain from arguing that the lack of a legal rule applied otherwise it commits the crime of denial of justice.
The fact that the judge knows the law is a common source of expression, which the judge is saying a lot, "the lawyer . Navigate my professor to learn the facts court of law, who is also" a source of the most forward of expression, "Give me actually give you the law.
Some scholars have met between fact and law in terms of the place of proof, and where to submit to the control of the Court of Cassation, the fact which is evidenced by opponents, the judge is not subject to the appreciation of the control the Court of Cassation, the law which applied by the judge with his knowledge, it is subject to the application of the control of this Court.

Earn the right to act because of death An analytical study of the Iraqi civil law

Saleh Ahmed M. AL Lahibi

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 116-135

Research focuses on the problem of the very important show clear for workers in the practical field of law, I mean a lawyer, is that the Iraqi legislature talked about the right to dispose of the material in 1169, and then spoke about how to distribute the right to act in case of death, and adopted the rules of a different and very far from the Shariah phalanx such as the equal share of men and women, if they are in the same place, as well as disagreement share the husband and share the wife in the case of the death of one of them and leave the right behavior, so we tried through this research to focus on the assets of these rules where it came from and what is rooting its legal and the validity of what he went to him Iraqi legislator in it or not, and then we ended the recommendations that we find suitable for this topic .

The Contract of Medical Analyses

ida Muhammad M. al-Najmawi

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 136-213

The Contract of Medical Analyses
The contract of medical analyses as considered one of the contracts imposing itself nowadays with the proliferation of the medical analyses labor atones and their considerable increase. Doctors require of the patients to make medical analyses for many reasons, such as the accuracy of the results consequent from such medical analyses which, in turn, result in the correct diagnosis of the disease. This will determine the suitable treatment of the disease on the one hand and make doctors avoid accusation of being remiss in their job in case that they would not demand making some medical analyses for their patients on the other hand. However, the case not seem to be like that, since it is doubtless that the contrast of medical analyses establishes an obligation to ensure safety an the part of the specialist of medical analyses in his capacity as a professional working for the interest of the patient. If one of the essential features of the obligation to ensure safety is that the debtor in such an obligation to is a professional person, or professional debtor, then it goes without saying that Neath law nor justice permits for the specialist of medical analyses to expose the patient to any harm as result of using tads or apparatus, or causing other diseases to be conveyed to him by way of infection or aggravating his state of the inaccuracy of the analyses from which the element of possibility is removed.
Therefore, the castrate of medical analyses is axis around which the present study revolves, for it is unreasonable for the patient to enter the laboratory of medical analyses and come out with a new illness.

Enlightenment informational consumer

Attia S. Abdullah; Mohamed S. Jawad

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 214-247

Enlightenment informational consumer
The study focused on the image of the task of images to achieve , consumer protection, which is the weaker party in the contractual relationship is balanced economically between the edges , and practiced by almost daily , this matter has led to the need for legislation and laws to protect the consumer in the previous phase to contract for the purpose of enlightenment with the necessary information that prevents misled , and that study addressed the need for intervention and legislation texts necessary for the lighting of consumers by providing adequate information on the goods and services offered to them by professionals and what are the conditions to be met in the media , and how to achieve the necessary protection for the consumer.
Anbstt study Mbgesin allocated first to define the concept of media and what are the conditions to be provided by it and we dealt with in the second part, to protect consumers from misleading advertising we dealt with the definition of Advertising and the main rules to protect consumers from misleading advertising . And concluded research conclusion included the most important findings and recommendations , which we reached .

Legal regulation of the sale and forced the implementation law Comparative Study

Ahmed S. Mohammed Yasin al-Jubouri

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 248-292

If the principle of procedural is not to fall right behind the demands of a neutral judge protected works to get it back to its owner in order to benefit from it and its blessings, the law allowed each person to go to court to demand the right and protect it by applying to him in order to eliminate work - by a set of procedures that are based on equality and working to achieve the principle of confrontation between adversaries in front of him - to achieve justice by giving everyone his right by virtue of res judicata has authoritative command in order to benefit the convict him of his right to benefits through the implementation of this provision in the face of the convict.
Thus, the right to forced execution of any work in this area is to the right of procedural recognized, the one who owns or has in his hand bond executive in the event the debtor's failure to optional execution until the creditor can obtain the benefits of the right against the will of the city that need to resort to the directorates of implementation for right taking into account the phases of the implementation measures contained in the relevant laws
Perhaps the forced sale stage is the most prominent stages of forced execution procedures is a direct sale, which is being handled by the judiciary, under his supervision, whether that was the subject of the sale real estate or transferred to the reserved capital turn into a cash amount and thus achieve very fulfilling creditor financial implementation of the right
That's forced sale concept and elements and characteristics of the system and procedural effects entail, whether for the buyer or to a party executive treatment.

Misinformation and deception or lying in the commercial media

Helan Adnan A. Al-Jubouri

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 293-347

We are summarized in the conclusion of this research the most important ideas and results, as follows: -

First - commercial advertising tool and a way is very important to identify the products and services traded in the market and can not do without it today does not by the producer or by the consumer.

Secondly - we see that the trade announcement broadened as a result of widening the range of products and services so that the advertising message reaches consumers across regions or continents, in addition to technical and technological progress successive which facilitated this expansion and leave its impact on the diversity of means and form of commercial advertising.

Third - that just highlight the pros and the positives of products and services advertised either using roads and scientific bases in provable or using aspects of the excitement and thrill of the hype and exaggeration or comparison between products and upon check recipe illegality of commercial advertising Legally, unless elevated the means and methods used to the level of deception and deception, fraud or bad comparison between products that will cause damage to consumers or other producers in the market.

Fourth - we did not find in the consumer protection laws Arab and European specific criteria from which to determine the wrongfulness because of misinformation, deception or lies that rise to the ranks of violating legal or harm.

V. - that differentiate between terms disinformation and deception or lying, cheating, fraud and balancing between them and determine the meaning Headquarters each term did not find him easier not in Arabic or in English, in addition to that we did not find in most legislation specific definition of misleading and deception or lying, we did not find in explanations jurisprudential efforts to combine these concepts in the context both in the exhibition studies the legality of contracts generally, or the legality of commercials, so we sought in this research to combine these terms and identify their meanings and budget, including a goal and an effort to become the issue more accessible to researchers and to eliminate required recipe misinformation or lying and deception in commercials and then respond to this dangerous phenomenon, which are incompatible with the principles of credibility and mutual trust in the field of commercial face and to preserve the rights of the consumer and not incurred damage which may be difficult to prove in court because of the advanced placement.

VI - certainly and obviously that deception and deceit and lying in commercials thing illegality commercials because of the illegality of the so-Nations advertised something else, for instance adverts for harmful substances to public health such as articles mascara and narcotic or advertisements of tobacco and cigarettes, or ads that violate public order and public morals.

manners settlement international investment disputes for international seabeds

Talat G.ALhadede; Kader A.Abd

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 348-401

The Convention on the Sea of 1982 a number of means by which the parties may in the field of investment activities seabed international invoked to decide on the raging conflict between them, and is characterized by such means as available to persons of private law and persons of public law, as well as subjects of international law, and divided those roads to the path of judicial The resort to the Seabed Disputes Chamber one of the rooms of the International Tribunal for the Law of the Sea has been organizing the work of the Seabed Disputes Chamber under Section V of the atheist ten of the Convention in accordance with articles (186-191) and Annex VI of the Convention, as well as provided an agreement, the parties to resort to the road arbitration was devoted annexes VII and VIII of the annexes to the Convention to address the foundations of international arbitration of the seas, as approved agreement under Article (284) of which the possibility of resorting to the path of conciliation for the settlement of the various disputes that arise as a result of the application of the Convention or the interpretation and with respect to other topics, organized by the Convention.
To learn procedures to access those methods of adjustment and the extent of Authentic effects of decisions and rulings are in the settlement of investment disputes International Seabed I thought I search studied in three sections, according to some of the conclusions drawn from the body of our research culminating in the stated number of recommendations and suggestions for hope to contribute our humble this in the development of the international legal reality in the settlement of investment disputes to international seabed under international competition among countries and international companies and conflicts of interests towards working in the international zone of the seabed as a result of the largesse of its mineral wealth of high-value and in large quantities.

Iraqi tax legislation between the organization and referral

Saad A.Hamd aljbory

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 402-442

The tax legislation of the most important regular laws of the rights of individuals and the state together, "so that this legislation related to whatever link human rights and thus had to be" that these laws be at a high level of sobriety and clarity, accuracy, and these features are devoid of ambiguity and opacity requires to be the hull and feature recipe legislation, including delusional tax legislation and for all that they study this motive, "the authors of the tax legislation of special law as far as the highest significance as it should be organized and clearly defined with transparency in all its meaning is not ambiguous and does not verbiage and when we follow the tireless tax legislation Iraqi we found this unstructured law in Tdaiv single piece of legislation, but there organization located in other legislation landmarks tax law is behind this, we concluded a very important issue "about the financial law, a matter of self and independence that revenge upon jurisprudential debate fierce between the circles Fiqh a question of whether the tax legislation (financial Law) is independent of the Baathist laws or is this law Incas the autonomy of private unmatched among other laws, and the summary of our research that the financial law - tax legislation - is a self-law private and can not be definitely "say its independence and this must be clear" for all specialists researchers and those interested in the tax legislation rights "and the folks at the law in general.

Administrative corruption in Iraq

Adnan K.Araf alzankana

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 443-500

in services and the achievement of justice and reassurance; blessed individuals where human dignity and equality rticular public sector employees to real citizenship , if not non-existent leads to a lack of integrity in the imp.
The weakness o f the sense of feeling among the staff in general and in pa administrative corruption , and the diagnosis of some of the reasons that lead to the spread and penetration in the communities ; , as well as the development of the most important processors that contribute to reducing this phenomenon and raised and its repercussions on the structure of the state to reach the clean and transparent community without administrative corruption lamentation of the tasks assigned to them in the performance of their duties properly in the service of society; This weakness is a major cause for the spread of corruption in the facilities , whether these facilities service or productivity or administrative as well as a range of other factors, the factors that the provision of personal interest to the public interest . So considered corruption crime against individuals society and the state in same time ; means continuing failure of the state bodies and the regulatory authorities, administrative and judiciary to take appropriate to limit the outbreak action .
Also corruption includes , abuse of all operations for the benefit of private commissions such as bribery and against the qualities and theft, embezzlement , abuse of authority and influence peddling , fraud , negligence and neglect , prejudice and favouritism .

diversity of inspection organs in iraq and its affect upon its activity.

Sami H.Najm

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 501-552

Can not be left in the state administrative apparatus works without supervision corrected him his check and the public interest through his evaluation revealed glitches in it, this growing interest whenever the legislator Find new mechanisms for oversight beyond traditional mechanisms that rely onself-censorship.
The countries vary in form and method of control exercised over the executive branch,. There are countries where there is a regulatory one, and other countries where multiple regulatory agencies, and the circumstances surrounding the state plays an important role in this regard.
And Iraq, like other countries, the control over the administration exercised either autonomously when watching the administration itself or through devices independent regulator censor accounting Pure without to have a role in the fight against financial and administrative corruption, which has become the most dangerous pests that eat away the structure of the state administrative, and as a result has been set up new regulatory agencies, especially after the new transitions that gripped Iraq after 2003 and the subsequent change in the political system in which, these devices are the integrity Commission and the offices of inspectors general as well as the Office of Financial Supervision exercised its supervisory long time ago.

Control of the Administrative Court and the Supreme Federal Court on administrative regulatory decision

Ahmed K.Hamede; Senem S.Mohammed

Journal of college of Law for Legal and Political Sciences, 2014, Volume 3, Issue 11, Pages 553-604

Until nearby time, Iraq was did not knew the principle of the seventh chapter by its right meaning, and this made effect on the legal organizing approach, especially the administrative judging.
The used terms in legalizing was un-accurate, e.g. the term system have many meanings and different guides, and its uses could be mixes by its legal meaning and by that happens mixing and un-clarity, also in this matter were related instructions and the legislator whom has mixed between the system and law in many times, while it has been used the system as synonym for the law and did not used it by its known concept of in administrative law, and constructing of legal administrative court came disappointed into the desires, because it is did not actualized the purpose which established for it, because this court limited its specialty in individual administrative decisions and could not view on objections which introduce against the organized administrative decisions without depending on any legal ground.
the valid charter came for limiting the specialty of the higher federal court by watching on systems in the law while includes limited general rules, and for that situation, it has been introduced some suggestions about controlling the court of law administrative on organized administrative decisions which we mentioned it in our research, and by this research we have made some conclusions and suggestions, we hope to be viewed.