17 part 2


Option condition between Islamic jurisprudence and positive law

Yasir.B.Alsbawy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 590-637

abstract

It may be the subject of an option clause of the traditional topics that dived under the dust of time, and where the word united commentators general law. But I preferred to discuss this issue, being of the topics that did not take them out, but some Arab laws, as is the case in the UAE Civil Transactions Law and the Civil Code of Iraq, considering that these laws are influenced by Islamic jurisprudence.
The option clause, the option decided Unlike base redundant nodes. The basic principle is that the contract if it meets the requirements of health and force, it became necessary for the terminal, so not either decomposition thereof may willingly individual. That it would be for both of them or either of them the right to terminate the contract without compromise or litigation. In this case, the contract is necessary. This is decided by the legislator Emirati explicitly in the text of Article (218) of the Federal Civil Transactions Act, which stipulates that "1. The contract is not necessary for the one contractual or both, despite his health and force if the condition has the right to its dissolution without compromise or charging 2. apiece boarding revokes if nature is a necessary condition for him or for himself the option of dissolution. " Because under this provision, the right of rescission, may be due to the fact that the contract is not required by its nature one of the contractors. The law stipulates that no sanction necessary for the satisfaction of defects hand. On the other hand, a lot of commentators Iraqi civil law directing arrows of cash to Iraqi legislature for its revenue requirement the option of a private legal provisions. Especially, as is the case in the UAE Civil Transactions Act, he may develop a general theory of the obligations associated with the treatment of conditions in decades. The latter sings for revenue provisions of the option clause.

The Applicable International Law Regimes to the Killing of Osama bin Laden

Hemen T. Hameed

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 638-664

Conclusion
In general, three regimes are applicable in killing terrorists which are International Humanitarian law, International Human Rights Law and the jus ad bellum regime. However, as far as killing bin Laden is concerned the situation is controversial. IHL is applicable because there was at least a non-international armed conflict between the US and al-Qaeda group, which was led by bin Laden. In addition, and as a basic rule, IHRL might have been applied if the US was bound by the ICCPR outside its border. The reason is that bin Laden was accused of committing many heinous crimes and in order to arrest him the use of lethal force may be justifiable, especially if there were risks to the lives of the arresting force members by the suspect's side. This is because the right to life is not absolute and there can be a deprivation of human life under some narrow situations, for example, signs of lethal resistance to the raid rather than clearly surrendering. However, and in fact, the IHRL does apply to the situation of killing bin Laden because the US does not appear to be bound by the provisions of the ICCPR outside its soil where it has no effective control. Another applicable regime is the jus ad bellum, as the US reserves its right, under article 51 of the UN Charter and under some security Council resolutions including the Resolution (1373), to the use of force for self-defence after the heinous terrorist attacks on 11 Sep 2011.

Proof of lease contract in the law of rent of Iraqi real estate No. (87) for the year 1979 amended effective

Ahmad.S.Aljbory; Thamer.D.Alshafaiy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 665-693

Abstract

Law No. (56) for the year 2000 - Law Amendment rent Property Law No. (b) (87) for the year 1979, which sparked a lot of controversy among those interested in the affairs of the law.
As this law includes new amendments introduced by the legislator with regard to taxis, duration and causes legal for abandoning property also included new provisions in the scope of the rent real estate law in terms of people and property subject to it, moreover, it is the imposition of further tightening on the tenant's obligations in exchange for the legal extension the legislator, who bestowed upon which the tenant protection.
This included a new provision of the Act in the field to prove the lease under Article IV of him. And the large number of judicial disputes that may arise in the process of proving the rent we decided to hold that eating so-axis judicial and applications after finding out what the procedures for the proof and the terms of the contract to prove it - the lease - as this has little significance in the field of this study.

Civil protection against harmful damages to generators

Awad.H.Alobeidi; Amer.A.Abd alla

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 694-736

Abstract
After the great development of the industrial revolution and the emergence of electricity has become the backbone of life in the factories, homes, and because of the lack of national electricity system to meet the needs of the community and the individual electricity has become an urgent need to electric generators, were these generators is part of the solution to the problem of electricity, not that this solution was not an ideal solution to caused by electrical generators from damage, Vamold supply is a mechanical device works on converting the kinetic energy into electrical energy the presence of a magnetic field does not count legal actions contained them, but recorded the notary competent circle, and thus the registration corner of the otherwise the contract is null and void and that generated the owner just asking for damages outrageous resulting from the generation represented gas emerging toxic exhaust generators as well as noise and annoying noises, and to assess whether the damage was obscene or not obscene is a matter of substance leaves its appreciation for paillasse the trial judge, and the judge expert judgment of specialists, and the Fiqh legal may disagree on what basis the Canaanite responsibility electrical generating the owner for the damage caused by generating work, and are entitled to those injury obscene damage from electrical generating sue the owner and claim compensation and compensation are either in kind or cash, and administrative license granted by the administrative authorities to the owner-generated does not shift without the responsibility of the owner for the damages generated outrageous, and that the priority of the existence of generating leads to the absence of the owner and responsible for generating the injured to pay the damage himself.

The responsibility of mobile phone companies for damage caused by the non-subscriber

Awat.O.Hajiy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 737-771

Abstract
The mobile phones have become an important means and necessary for the connection so that cannot be dispensed with, which requires a law guaranteeing the organization and prevent the misuse, and despite the issuance Law No. (15) for the year 2008, in the Kurdistan region, which prevents misuse of communication devices, and required phone companies mobile phone to register the names of holders and imposes sanctions on companies that breach of this obligation, But despite of spectrum available today in the market phones are not registered in the name of any person or recorded the names of the phantom can be used for illegal purposes of defamation and insults, threats and defamation.... etc which would entail about the occurrence of crimes and damage to people and that's where the damage should be compensated and the culprit must be punished , but the offender could escape from punishment because of no knowledge of the doer, and thus the aggrieved deprives of the compensation due to the lack of an updated knowledge ,The research attempts to discuss this issue and find a solution for it, so that if there is no knowledge of the perpetrator , the mobile phone company is responsible for promoting crimes under Article (6) of the Act to prevent the misuse of telecommunication number (15 ) for the year 2008 in the Kurdistan Region and in terms of Article 80 of the Penal Code as well as from the civilian responsibility based on the tort of the company incarnate its mistake Non-registration or registration of fictitious names damage. In the other hand the research studies contracts between the company and the user to hold a mobile phone, although the research includes several conclusions and

The mechanism of activating the decisive right before the judiciary in Iraqi law ( A comparative study )

Mohamd.M.Rasol; Hady.M.Abd alla

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 772-829

Summary

For the Elimination of great importance in achieving justice, Seeks to achieve through the chapter in the conflict, And end discounts, And the resolution of lawsuits, Drawing on so tightly arguments set forth in the Code of Civil Procedure No. 13, 1969 and the Mains Evidence Act No. 107 of 1979 in the evidence, ranging from written evidence, The circumstantial evidence, Evidence and conditions, And judicial experience, Legislation and that all evidence has decided to realize the justice and litigants time out, If not found right to the right directory is weak because the directory is the strength of the right, And that is the right ransom Guide, And right when the dispute ifnot found to be a guide and nowhere is whIn spite of that, the legislation, including the law of evidence of Iraq, I decided way back up the deductible in the case, namely the (right-critical) Venzationa in Article (118) thereof,
Resorted to an opponent when its cant broke prove his case then ask the court whether he directs the right summed crucial to whether or not to? If the request was his opponent present Hfatth Court, And that the request was absent opponent sentencing commenting on defendant on the right to object when, And that the judgment issued in absentia as long as the opponent against him right on the critical request was not present. But the crucial mechanism right? As enjoyed by the Court of the authorities to prevent them? Mechanism and its alliance or refund? Or to withdraw from all its alliance?and what the effect on it? These issues are the subject of our study, which was, The very thing which is to reach its verdicts, And effects of legal, The investigation into the shortcomings, And find solutions to them.

Sports activity organizer commitments

Mohamad.T.Awgar

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 830-899

The sports activity _ sports competition _ organizer of the most important people who are located many of the obligations on them during the course of athletic competition, and these commitments which are before the start of athletic competition, including when it was traveling and even termination. And that the main objective of these obligations is to keep all shareholders in athletic competition, both shareholders of athletes in sports activity of players competing, as well as coaches, referees and technical personnel and the administrative that contribute to athletic competition and even the public who attend to watch the sports competition. And that this intention, in fact, is the most important duty is the responsibility of sports activity organizer, as well as his duties The other is to make every effort for the success of sports competition and they appear properly and achieve the intention of them and this can only be achieved through a sporting competition with all duties and obligations regulator that located it .
That the obligations incumbent on physical activity _ athletic competition _ the fact structured either contractual obligations the basis of which the contract between the sports activity organized and some of the people shareholders in that activity, or be the basis of which law legal obligations, whether those obligations imposed by the laws and sporting regulations or civil law or criminal law and other laws that define other duties and obligations of an organized sports activity.

China's Powers and its impact in the reality and the future of the international system

Khder.A.Atwan; Khtan.A.Aljbory

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 900-937

Abstract
China is a major power in the international system, is expected to grow its power in the future. Today, China's leading roles in that system, and keep track of political behaviour is dominated by the cooperation and competition, but in the future is expected to be predominantly the behaviours of the conflict in the interaction with the international system, because China is going to be a force complaisantly. This shift will impact on the international system as a whole, by virtue of what is owned by China, and is expected to possess the strength in the coming years.

Impact The phenomenon of administrative corruption on human rights and society

Azhar.A.Alhaealy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 938-990

Abstract:
Acquired the phenomenon of corruption and administrative, financial and political deportation recently increasing interest at the global level by researchers and specialists in the various economic, legal, political and social spheres, so that hardly devoid community or political ones system, but the degree of comprehensiveness vary from one community to another, which is in truth is fraught with a series of problems and deviant behavior from the moral, social and economic implications of being destroys the moral values and promotes individual perception based on giving priority to personal interests to the interests of the community by working illegally to consequently lead to the social fabric necrosis and associated building and community development operations and economic development, and this form of administrative corruption becomes the main issue of concern to all communities as a result of the widening circle and complexity of its rings and thread mechanisms unprecedented for threatening to turn the march of communities and future at heart and makes them unable to cope with poverty and unemployment challenges that affect everyone, especially the poor of the community degree ,, but also affect the diffusivity effects and complications to affect the substance of the principles of human rights and society in general.