18 part 1


Surety ,S right of deprivation defence Comparative study

Ismat.A.Bakir

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 1-79

Abstract
Surety ship is considered as one of the most important warranties, which the creditor attempts to obtain, in return of his debt, awed by the debtor.
It is worth-bearing in mind that surety ship guarantees the element of reassurance confidence between the parties of the relationship arising from the contract of surety ship.
Because the contract of surety ship is aimed at adding the patrimony of the surety to that of the debtor in filing a judicial action, there is a great possibility that the creditor may require that the debt be paid by the surety, meanwhile the debtor is solvent ,rich and owns a lot of assets ,which can easily be seized , so that it is logical that enforcement must be made on these assets in the first place, and
This means that if the creditor requires that the debt be paid by satisfied ,the surety can adopt the deprivation defence ,to convert the judicial demand by the creditor towards the debtor.
It is also worth ,mentioning that this piece of researeh takes in to account the conditions of exercising this defence and the legal effects arising from its exercise ,in a comparative study with Islamic jurisprudence and Arab civil laws, which also of Arab civil law and daft 1986 ,finally ,the research presented some important conclusions and recommendations .
To amend certain of the Iraqi civil law or to add same other suggested new articles.

The legal organization of the obligation to refrain from work and its applications in Jordanian law

Shams.A.ALkzaiela

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 80-123

Summary
The obligation to refrain from an act of the most important and most accurate types of obligations on the incumbent upon the commitment, as many of the responsibilities of individuals and specifically in certain professions require the commitment of a person Palmtanaa for the work. This is a negative side, which offset the positive commitment of doing the work the many applications, while the obligation to refrain from working barbed Alaltazakat by eliminating the responsibility out by proving the defendant that he carried out his commitment not to his work, Vhal doctor to commit after the disclosure of the patient's secrets, as well as a lawyer, and factor the company, and so forth, and on this basically goes this study to determine the extent of the organization of the Jordanian civil Code of this commitment.

Individual project company Legal study in the light of the amendment No. 64 for the year 2004

Hatim.K.Said; Ali.SH.Ahmad

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 124-153

Extract
The organization of the individual project company from a legal point of extreme importance in the commercial and economic action as a mechanism of a free-market mechanisms and a shift towards the private sector, and this is consistent with the recent amendment in the Iraqi Companies Law No. 21 of 1997, according to the order No. 64 for the year 2004.walve select responsibility the project owner and being able to invest his money without exposure to the risk of bankruptcy in the event that his company for Khosair. oukd individual project in the elimination of phantom companies contributed, and to achieve better management possible in light of the practice of the only partner all the powers in complete freedom, and based on these characteristics, the individual project fit in small and medium-sized economic projects that contribute to economic development and do not require large amounts of capital.

Subscription to the share capital of the Private Shareholding Company An analytical study

Fread.SH.Hussin

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 154-216

Abstract
This article to address the legal ambiguities relating to the share subscripition agreement on Private Corporation capital ( private Compannies Limit by shares ) pursuant to the Coalition Provisional Anthority’s order in Iraq (CPA) No.(64) , which amededthe Iraqi Companies Law No (21) On 1997 . This article will highlight all the relating issues as well as subscription agreement in order to find out the propsed solutions for the core issue as well as providing a clear illustration about the definition and the legal nature of subscription agreement in the Iraqi law.

Place several absolute backwards (A comparative study)

Taha.S.ALjboury

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 217-257

Abstract
Committed Islamic Sharia-righteous absolute of divorce retroactive to remain static in the marital home, hoping to see the pair of them are invited to Rdjatha, married life goes back to what it was rather than the end of the marriage bond, which has a negative impact on the family and the community.
But social custom in most parts of Iraq went to the wife as soon as her divorce goes to her family's house without regard to the law of God desired and interest, but that the Iraqi legislature did not fall alimony for righteous by rebels, then she went out of the marital home, so we call upon the Iraqi legislature to impose on the wife-righteous of divorce retroactive to stay in the marital home and to hold her family and all those who forced her out of the house during the waiting period.

Selling Fulfillment from a Juristic Perspective and Legal Comparative Analytical Study

Baktear.S.Rahem; Soran.F.Abdalla

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 258-315

Abstract

The sale of the fulfillment of topics related to financial transactions, one of the issues that have a direct contact with the members of the society, and the process of their lives, and it is one of the sales that have emerged in the fifth century, in order to be saved from falling into the usury, as Likewise can the seller get money without giving up his property for the current sale, and the buyer was able to take benefit of his money in excess of the needs of non-existing with him access to the usury by taking benefit of the sales on the basis of fulfilling.
Jurists differed on this subject varies greatly in terms of permissible and prohibition and in terms of being bought or mortgage or compound them, and also differed jurists regarding the fulfilling sale, between being a mortgage or a sale, valid or invalid, which follows that different legal provisions in them.

Change in the Arab Region and its Implications for the Systems of the Gulf States

Kadeer.A.Atwan; Hussim.M.Ahmad; Amear.H.Thabit

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 316-354

Abstract

The Change in the Arab region and its reflection on the Arab Gulf regimes.

Arab movements of change emerged after 2011, and have had their causes and its reflections on the Arab Gulf state regimes, however the Gulf regimes demonstrated the ability for adapting a new developments and challenges associated with the emergence of these movements, because it has a range of components and comparative advantages, including: oil wealth, historical legitimacy, and Bedouin culture and minority populations, and security forces, the political family systems, , and the weakness of the opposition, political parties, and the important of achievements in the fields of the development.
Bahraini experience demonstrated the strategic decision to confront the implications of the change in the Arab region collectively. Its costs matter, and revealed the existence of Gulf red lines are not allowed to be exceeded, first and foremost: compromising the survival of the current ruling regimes that characterized the legitimacy of hereditary extends for centuries.

Iranian foreign policy towards Arab neighbors

Burhan.A.Mohammed

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 355-388

Abstract
The Iranian foreign policy on the elements of power and economic fundamentals and strategy to enable them to play an important role in the framework of the international system which is able to manage crises in partnership positive sometimes and partnership also negative Perhaps the geographical and strategic location in the Middle East and spot the most controversial in the history of the struggle for control of the sources of energy .
Iran and the site is important from a strategic point of views of the three most important water bodies are in the southwest Gulf and the Arabian Sea and the Indian Ocean in the south and the Caspian Sea in the north.
The policy of Iran's foreign-based rid of the isolation imposed on it and make itself a major player in the security and economy of the Gulf and Central Asia in an attempt to gain influence and form the Iranian strategic power as an important element in shaping the image of the regional scene, it is regional terms there is Iran infiltrated the area strongly from the west must be determine the approach of its foreign policy and the question with whether politicians in Tehran will reject the West and the realization contradiction systems because of the Islamic character of the Iranian regime, or to find a formula to work with him.
The most important problems faced by foreign policy is the maker to determine the relationship Arabs in it, and that this relationship is gaining pivotal importance in Iranian foreign policy Building upon forming the relationship with the outside world as a whole, Iraq, Gulf security, oil and gas, Israel, Palestine, relations with the Arabs. In light of the tense relationship between Iran and the Arab and around the central force, which was formed in the modern phase of the dimensions of the relationship between Iran and regional systems will be affected.
Hence we can say that the Iranian diplomacy important criterion in the performance of an active role at the level of the international system in international relations, but the determinants pursued by Tehran in its foreign policy has made the Iranian role clashed with the major powers, especially the United States, so the relationship with accordance with the specified relationship Tehran and Washington remain unchanged, but will not change the geopolitical Arab or Iranian out of the spiral Altnkad to milder considerations.the Arabs and especially the Gulf states will be in

Widespread political violence and its repercussions on the Arab regimes

Ali.H.Yassin; Sevan.B.Mesrob

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 389-474

Abstract:

The phenomenon of political violence dangerous to leave negative repercussions on political systems and its threat to the lives of individuals and the hit to the fabric of social unity phenomena, so we see it becoming increasingly important by governments and political systems on the various different. This phenomenon is becoming more common and commonly used in the Arab region, both on the part of the ruling power towards the citizens or by the resistance or terrorist groups against the political system.
Iraq is among the most Arab countries, which have seen shifts violent political events since the establishment of the modern Iraqi state until the present day, I have been to these changes and events as much as they relate to considerations of interests and international and regional alliances on the one hand, conflict or convergence of ideas and objectives of the parties various Iraqi political forces on the other hand in how to manage state affairs negative effects included the overall aspects of political, economic and social life has resulted in political instability.
The research aims to present an analytical study of the phenomenon of political violence and stand up to the extent of this phenomenon and the degree of severity, as well as the knowledge of the most important forms of this phenomenon and indicators, highlighting the negative consequences of political violence on the Arab regimes in the various political, economic and social aspects. The research included a study analyzing the conditions conducive to the political violence in Iraq, in particular, Syria, Yemen and Libya in general, under study, in order to detect the causes and find appropriate solutions.

Paradiplomacy of the Kurdistan Region after 2003; present and future

Dana. A. Salih; Bakhan .A. Najmalddin

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 1, Pages 475-534

This research discusses the essential but sensitive subject of paradiplomacy in the Kurdistan Region of Iraq after 2003, with regard to the present and the future. It attempts to seek answers to the main question facing the Region regarding paradiplomacy as a means for achieving an independent state, and to extent the Kurdistan Region has used this mechanism successfully to achieve this aim. In order to answer this question, the study will focus on paradiplomacy in the region from 2003 until today, by examining various scenarios and to project Kurdistan Region’s future. The conclusion is that the Kurdistan Region -with all comments- that is able to use paradiplomacy as an effective mechanism at both regional and international levels, and in this way, the KRG has taken a step closer to independence, but to achieve success in the future, all its departments of democracy must be strengthened and to become more powerful it must become more successful in paradiplomacy.