20 part 1


Victims of divorce caused by investigating Family decisions judge An analytical study

Dalal.S.Ahmad

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 1, Pages 1-27

Abstract

Iraqi judiciary is one of the first Arab legislation , which focused on the organization of the human family and was keen to maintain the family decision - making and lack of longer- depletion methods of reform and taken from the principles of Islamic law have the right to lay the foundations for the structure .
However, in practice, and practice in our daily lives and through the application of judicial notice that look magistrate Family of cases of domestic violence have a look nature criminal case if any criminal case , which negatively affects the family and dismantling of family links and direct impact on the fruit of marriage ( children) to the end of the case divorce because imparted on the issues of criminal nature of domestic violence by investigating why or investigate the validity of the claim .

The principle of contract privacy in English law An analytical study comparing the principle of the relative effect of the contract in terms of persons in the Iraqi civil law

Yuons.S.Ali

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 1, Pages 28-95

Abstract

The principle of privity of contract is considered as one of the well-establishedlegal principles of the English common law according to which the effects of the contract are restricted to the contracting parties only, who are a stranger to the contract. It is worth bearing in mind that only the parties to the contract are entitled to enforce the terms of the contract against each other. They are also able to sue and are sued by one another. It worth-noting that the Iraqi civil law No.40 in 1951 has adopted the same principle and called it the principle of relativity of the contractual effects concerning persons.
It is to be noted also that the principle of the privity of contract in the English law is excluded by two kinds of exceptions: the first one: Jude-made or judicial exceptions, resulting from the judicial precedents of the English courts, underlying the basic of the common law. The second: Statutory exceptions. It should be noted that the Iraqi civil law has also recognized some exceptions to the principle of relativity, the most important of which is the stipulation for another.

Repentance in service contract After the sale of the property

Mohanad.A.Ali; Sahbaa.N.Nazem

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 1, Pages 96-120

Summary

Real estate services are a modern legal and economic phenomenon that has evolved over time to the point of becoming real estate related services offered to owners. It is agreed upon through the conclusion of court contracts even during the sale of the property. Several real estate services contracts have recently emerged with the emergence of construction, including the post-sale contract, which is the most common in Iraq because of its connection to investment housing complexes.

The financial legal status of the foreign investor (A comparative study)

Kader.A.Abd

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 1, Pages 121-171

Abstract
In the light of globalization and the World Trade Organization and the accompanying manifestations of trade liberalization across countries foreign investor financially privileged legal status, whether in international law or in national legislation. And it characterized our study merging and compared between the provisions of the Financial international law and the provisions of the national legislation of the countries with a focus on the attitude of the Iraqi legislation on the obligations and rights of financial investors in general and tax incentives specifically with a statement of methods of treatment in the international and regional agreements that are connected by the Iraqi state, texts and legal principles concerning the rights of the investor and the privileges and financial guarantees and status of the judiciary in relation to Bmnazath characterized by modernity, which we decided its statement, as I pointed out to the legal concepts contained on foreign investor and the concept of financial legal status in light of the methodology based on the characterization and analysis Oltoesela Comparative to demonstrate the obligations and rights as I mentioned a few drawn conclusions from the body of our research culminating in the reported number of recommendations and suggestions that I believe are needed to find some kind of balance in the legal status of the investor between facilitating attract money capital and exempting from taxation and the freedom to choose the way the settlement of tax feuds between restricted to national legislation and jurisdiction of the national judicial state. Finally we hope that our simple research will help in promoting Iraqi law in a way fits the modern factors of live both nationally and internationally.

Social defense against crime between Sharia Islamic and positive law (Comparative study)

Salah.H.Ahmad

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 1, Pages 172-220

ABSTRACT
The issue of achieving security and community stability has become policy priority of many governments in the world for the sake of success and securing their people s welfare .Accomplishing such a goal has become a very difficult issue for the legislature in many countries especially those who suffered from disorder and lack of safety the matter that has led to the spread of different kinds of crimes .Governments in almost all countries worldwide have begun attempting hard in adopting the best methods and mechanisms that enable them to achieve their goals in this matter. The aim is to find out and adopt the appropriate anti- crime policy , which ensures a successful confrontation against different kinds of criminal activities accompanied by a safe and stable social environment that provides a secure life for all people and away of the fear of crime. From this standpoint , anti- policy has varied from one country to another in the way of proposing the appropriate mechanism to overcome the crime in an absolute manner . This variation is attributed to the difference of legislative and social polices between law and policy makers in each country . Some countries have relied upon their cultural and social principles, which are mainly represented in the Islamic law ( Sharia law) in order to deal with such a sophisticated issue . One the other hand, other countries have preferred to relay on manmade laws to confront the criminal activities in their terriotories. The article attempts to present a comprehensive comparison between the above mentioned two approaches by reviewing and analysing the principal anti- crime policy of each approach precautionary measures that helps to diminish the occurrence of criminal activities in the community.

Book published in the Internet environment and intellectual property rights (Research)

Mahmuod.S.Asmail; Dema.A.Awjy

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 1, Pages 221-275

Abstract

This research deals with issues related to the intellectual property rights for republished books in the internet environment by representing the concepts of the electronic book ,defining the electronic book and it’s different types, in order to clarify the format and the wording of this book and the stages of making it allowed on internet and the problems that might face the republishing process on the internet and how to deal with them by presenting the protection methods of the book published in the internet environment. In order to protect the book from the intellectual assault, the research also displays the most traded formulas between the publisher and the author so the work can reach the user. The researcher also displays theme of the common creative license that may represent a solution for the owner of the intellectual production and the user by protecting the copyright of the work according to a proportions and certain conditions set by the license and helping the user to get the article with easier way. The researcher also displays the subject of the digital repositories specially the institutional as a way to serve the users and helps the process of delivering the informations on a wider range on a wider range, at the same time, it protects the intellectual production of the author and the researcher from abus

Oil and National Security Strategy in Iraq

Aso.A.Kader

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 1, Pages 276-303

Abstract:
The following research about petroleum affecting on the strategy of national security in Iraq, but the side to which the influence on the oil factors isn’t just only extraction or manufacturing also marketing , but on this level will be played by the political , economic and diplomatic factors on the strategy of national security moreover the confident side closely specifically respect to transporting and investment , if we analysing geographic factors the only sea port of Iraqi oil is located to the Arabian Gulf below the Iranian influence We conclude from the above the most closely side danger to the national security isn’t relation to the oil fields or markets but he’s related to pipelines oil , the defend of oil pipelines included in to the context of national security and geopolitics’ , as well as the extraction and marketing oil related to the geo-economics , but currently the Iraqi government concentrated on the extraction oil to progress into GDP and Improve conditions the unstable economic situa-tion in the country .
The following research we will be analysed three aspect which gives con-cept of structure the dissertation in the first section, we will consider the petrodollar monopoly and its influence on the global economy security, furthermore in the second section we analysis the diplomatic energy factors and economic problems of the Republic of Iraq , and the concluding section we get the SWOT - analysis of the energy sector in Iraq and future global energy market in Iraq.
In this research study, also we takes into account of political realism classical school, understand the power struggle of the international community to influence in the world to use force procedures: the doctrine of the new fact of political, which promotes the presence of chaos in international politics and economic crises, which It leads to a growing lack of trust between the partner countries and ends with "security threat economic and monopolize of the market." Finally, the liberal school, a theoretical approach which is based on a multinational corporation and international organizations.

Social globalization and civil society Sociological theory study from the perspective of political sociology

Amer.K.Alzndiy

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 1, Pages 304-343

Conclusion

The social globalization, including transportation ideas in the areas of all life, including education, economics, politics and culture in all civil societies developed and developed and approved on an individual's ability and behavior and creativity the mental and intellectual within the system of information and wide and big and comprehensive is no longer room for closure or isolation of civilization in its wider sense of civil society Ideas pervades barriers and go beyond the physical limits and moral and should be the collision of civilization positive, which leads to a continuous dialogue that leads to transparency with a high degree and this therefore brings us to the planning of the work to expand the functions and role of civil society in our communities and linked to the globalization and globalization of solidarity, tolerance, cooperation and respect Alra other and activating the community again under the roof of democracy, freedom and political participation to build a civilized culture of approach and style raises the level of the individual and society, globalization and civil society poles persisted together for the prosperity and progress in our societies on our Aoforeig because the policy of our societies in which we live is not a dictatorship but a democracy, but we need to time and planning to understand the characteristics and attributes of civil society with the phenomenon of globalization and Ashkalyatea,
the operation is not Msthalip, civil society has historical roots, the previous governments not be able to perform its functions in order to build a Democrat of civilization and culture because of the policy of repression and unilateral in power, but the era of globalization has changed everything and we have reached Mnrah in the twenty-first century and how our society evolved by the end of dictatorship and its systems of oppression and entered the information technology to every home in terms of the given shift, change and prosperity for everyone, wherever they are in cities or villages And last.
but not least, the dimensions of social globalization and its meaning and concept in all fields, he was unable to human denial of the reality of diversity Alepeshlri all its properties and characteristics and the individual could not claim that he could isolation and seclusion, because the bonds of cooperation and harmony, contrast, ruled by God Almighty and that he represents the very description and analysis, identification and extension of the realities of things Since we are dealing with globalization and the universality of human rights and fundamental freedoms, as all progress and development of science and technology is the product of the human mind, Vetozifa developmental, cultural, and choice and the management of humanitarian search and it must be to deal with globalization as a positive right .

EU Position on Illegal Immigration (African)

Wathek.A.Hummod

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 1, Pages 344-404

Abstract

Non-African illegal immigration has become one of the main topics that the European Union shed because of the ever-increasing number of migrants to Europe, and this coincided with the economic crisis experienced by the European Union, as there has become a probability of entry of terrorist elements to Europe through illegal immigration, prompting Union EU to adopt a draft UN resolution to deal with illegal immigration, through the use of military force, of after obtaining a mandate from the United Nations to this decision, and despite the criticisms and obstacles that have been raised about this decision, but the UN Security Council passed this resolution, valid for a year, and the scope of the Libyan coast in particular.