Volume 5, Issue 19 part 1, Autumn 2016, Page 1-464


The criterion of public interest in acquisition A comparative study

Zyad.K.Alewiy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 1-34

Abstract

Public interest is the only path charted by the legislator and whack from which to do expropriation proceedings or expropriation and compromising the constitutional right guaranteed by the Constitution as a right of private property, and the concept of the public interest is one of the flexible concepts associated with the philosophy of the state and its system and vary the public interest in the concept and scope depending on prevailing in the State of Philosophy in if the philosophy of liberalism that determine public interest on the basis of conflict with private interest, or in the framework of the interventionist philosophy which gives a wide range of public interest, especially with the entry of the state in the economic field, and the jurisprudence did not agree on a precise definition of the public interest, but put several criteria to determine this interest has these standards have been affected temporal evolution of society as the legislation this public interest did not know did not identify objective criteria, but have only mentioned public interest justification for the acquisition or the removal of private property.

Mesatah between the concepts of contract and truth

Ali.N.Alasady

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 35-72

Abstract

Through the above mentioned, it has been found that the subject of the Musataha is divided into two parts, namely, the Musataha contract and the right of Musataha, which are different in terms of the provisions and the application as mentioned above and what is stated in the real estate registration law, which requires this to be remedied. On the other hand, Whether it is suspended or not, in addition to the conflict between the topic of the Musataha and the subject of the high and low mentioned in the Islamic jurisprudence and according to what has been touched upon, and we have referred to the totality of those morals and where the attention is paid to those concerned.

Misrepresentation of defects A comparative study

Nshwan.M.Sleman; Rana.S.SHaker

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 73-142

Abstract
To be different the status legislations within who own truth to ask for separation for faults to make Iraqi draft law this pure truth for wife without husband, where’s to give legislations Jordanian and Maghrebi and Qatari this truth for both of them.
However the difference in doctrine about faults which to revoke marriage. Some of them limited by specific faults and the other went not to limit and most probably it not to limit faults, being disease and faults not to set under corner.
As that worthy of confirmation is to give the repeal for truth both of them and not to make limit for wife only.

The legal nature of a post-sale property contract

Mohanad.A.Ali; Sahbaa.N.Nazem

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 143-202

abstract
The real estate services phenomenon legal modern economic evolved over time to become at the present time are linked to real estate services are offered to owners, as agreed upon by the Court to conclude contracts even during the sale of the property. The issue of adaptation is an important issue in the legal sphere. Determining the nature of the legal relationship and its response to a particular legal regime is essential in order to determine the legal rules that govern it. Therefore, this process of identification is defined as adaptation and the most obvious area of adjustment is the area of private international law, since the process of assigning foreign-element legal relationship to the relevant law requires, above all adapting the relationship subject of the dispute, however, the Fiqh goes on to say that the adaptation itself was not particularly private international law issue, but that his presence in , in all branches of the Law, particularly in the domestic law.

Independent administrative authorities and their role in conflict resolution (Competition Council model) A comparative study

Yasir.B.Alsbawy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 203-244

Abstract

The economic field for any society and in any country is the foundation for achieving stability and tranquility for the individual through meeting his daily needs from the market. The state supports this stability through its means and directions in this field to reach the desired objectives of the state intervention in this field.
So began to appear something Vishay bodies granted various powers to enable them to perform the role that was carried out by the State in the past, and these bodies began to specialize with the passage of time in certain sectors of the economy without others, which created a kind of specialization and confidence in the performance of these bodies based on this basis.
Therefore, with the emergence of these bodies, which were later referred to as "independent administrative bodies" or "independent administrative authorities", as a general term, , And through special laws under the umbrella of (independent administrative authorities), for example, which we will focus on - the Competition Council (competition authority) as some would call it and what the Council is doing of the powers and disciplines assigned to it, According to the legal system of each State Adopted it.

Commercial Arbitration System In resolving securities disputes A comparative study

Nusseibeh.A.Hamo; Mustafa.N.Salh

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 245-308

ABSTRACT

A Commercial Arbitration Become major role in the resolution of many trade disputes, and because of the advantages and developments successive which have been adopted in the resolution of disputes, securities markets, through the development of a private suit capital markets rules and the nature of their disputes, and varied countries in the extent of Arbitration considered the best way to resolve such disputes, or resorting to eliminate normal, but the existence of the arbitration to impose himself in this area through the attention of States to provide efficient and professional expertise in the field of financial markets to reassure customers and investors in the market for the existence of a specialized point of resolving their disputes away from the courts.

Serious medical error in the civil liability of the doctor

Fathi.T.Alfaury

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 309-342

Abstract
Civil liability to the doctor for medical errors and especially grave, of great importance, despite the omission of lawmakers regulate the provisions relating to medical errors under special legal rules , this study has addressed the issue of civil liability for medical mistakes grave given the need for the process to demonstrate the errors made by physicians and the extent of their liability than in the absence of a competent legal rules and the ambiguity of the concept of medical error and the criteria for determining the concept of medical error parcel in the laws of some countries including Iraq, and tre to determine the legal nature of responsibility doctor of civil law, where explained through our study of the position of the judiciary and jurisprudence in some countries on how to deal with medical error gross in laws issued by cases such as ( France, Iraq, Jordan, Mase, Syria), cam the results of this study are set out medical work standard right of the exercise of medical work in accordance with the stable and consistent rules in the field of medicine and follow these rules and the interest in then , where serious medical error is not limited to only the doctor but it includes the medical staff working with him with independence, each according to medical competence, we must work to compensate for the damage caused by medical errors regardless of the evidence of error or not, through the amendment of legislation relating to the field of medical errors and private civil liability, because the wrong idea of sufficient legal basis for the doctor from his mistakes, while the idea of the damage provided in the laws are not enough for that and need to reconsider and determine responsibility.

The role of financial resources for self Islamic banks in strengthening their long-term investments "An Empirical Study on Kuwait Finance House (2005-2011)"

Jaber.SH.ALasmil

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 343-367

ABSTRACT:


This study aims to demonstrate the commitment of the Islamic banks to the development of its own long-term financial resources, and the removal of imbalances in funding structures, where the long-term financial resources are supposed to represent the majority of their all financial resources. Given that the external financial resources are shown in financial statements, with the possibility of withdrawing them whenever the customer is willing to, this eliminates the ability to consider them as long-term financial resources and makes them closer to call deposits.
This study reflects the status of the own long-term financial resources, and its role in long-term direct investments in Kuwait Finance House, and identify trends in its evolution to achieve development goals.
4- The researcher found deficiencies with the Kuwait Finance House, to contribute to the long-term development because of the weak contribution of own financial resources as a result of small investments compared to total ones, which means a heavy reliance on short-term funding formulas due

Turkey - EU difficulties - future scenarios

Najeb.A.Najm

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 368-417

Abstract
Turkey since its establishment in (1924) tries to join the western world ,especially the European, and after its entrance in the Atlantic pact , it was the south eastern protector of the western Allies confronting the communist challenges, and after (1991) it desired to join ,but this dream still complex facing many difficulties , and one of these difficulties was the cultural and religious heritage , made its joining challenge not accepted by the Europeans.
This study is an attempt to see the background of the relation between (Turkey-European union) and Turkey's motives to join , and the difficulties facing it to look forward to future of these attempts among (acceptance, refusal and continuity) .

Strategic United States at the beginning of the twentieth century atheist and a "new Middle East project"

Said.M.Karem

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 1, Pages 418-464

Strategic United States at the beginning of the twentieth century atheist and a new Middle East project

Abstract

Middle Eastern arena looks Arena and test new conflict. But it not identified by the United States as the enemy alternative to the Soviet Union. Otherwise, what the meaning of the US strategic containment of the Soviet Union transfer, further containment of the countries in the region? Suffice it here to monitor the US military presence in the region, and we review US rhetoric and wars fought so far, to know the depth of US involvement in the region. Or otherwise, to know and are aware of the importance of the region major US strategic, and especially after the fall of the Soviet Union, and the occurrence of incidents of September 11 (2001). The American project is a revised version of the Israeli project, which put (Shimon Peres) and below it in his book, where both projects are trying to jump on the underlying problems experienced by the region and only ate as ready-made slogans that do not help to face tough challenges, these challenges which constitute the main source of the spread of currents extremism and the outbreak of waves of violence and delayed implementation of development plans. In addition to a large gap between other countries and regions the region at the level of participatory governance, and the lack of freedom and the weakness of human development, which is one of the most painful of backwardness in political development manifestations because the democracy and freedom are essential for the prosperity of individual initiative, but they Missing to a large extent throughout the Middle East and The absence of the real foundations of freedom in the Middle East closely known even by parents institutional United States (John Adams ) That the ancient dynasties in the Middle East was infested with "greed and fear," and ruled by tyrants have dealt with their fellow citizens and they are working to deny the other hand, and in this regard, he said (Thomas Jefferson) that the United States can not rely on any peace treaties with any state in that region any Middle East. Here it is that the adoption of the project and its announcement fundamental as principles must be applied even satisfy the West for the peoples of the region may be the portal that leaky "new colonialism" through its involvement in re-examine in particular the education curriculum and to impose the concept of Western style of democracy, good governance and the meaning of individual dimensions and is so without the slightest regard for the requirements of culture Values, religions and peoples of the region. What is important is the formulation of these communities, peoples and cultures, according to sponsor the Western model that the region is given to the case of marginalization suffered by long under the old colonialism and the domestication of their people through reshape the ways of thinking and the integration of their economies in the economy Western of events (September 11) (2001) and belief Americans that Arabs and Muslims behind these events can say that Washington no longer trust in the ability of the ruling political regimes in the Middle East to protect its interests and secured abroad is no longer useless alone what happened from attacks in September was in the United States is here to imagine the US thought that US national security strategy should be based on a radical change in the systems that you think it is responsible for operations (September11 ) (2001 was the United States came to the Middle East with all the political, economic, military, cultural and social strength for the reformulation of the region and by Interest capital interests.