Volume 6, Issue 23 part 2, Autumn 2017, Page 1-328

Independence of the judiciary and its guarantees and their impact in strengthening the principle of natural judge (Mstal)

Majed.N.Aedan.Aljboury; Furat.R.Amen; Antsar.F.Khalf.Aljboruy

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 2, Pages 1-27

The judiciary generally and in particular natural judge is based on grounds or supposed underlying, perhaps the most prominent and important that supposed is the independence of the judiciary.
The independence of the judiciary in view of the obvious importance established on many provisions in conventions and regional and international conventions and not abandon constitutions and laws approved and guaranteed even in different faces as it provided many safeguards which reinforced and strengthened its presence, here set out in this study, so we came up with.

Rulings of wives and ways of treatment (Comparative study between Islamic jurisprudence and law)


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 2, Pages 28-58

In order to accomplish the goals of marriage and maintain such sacred bond, Allah (SWT) has enjoined certain commutative duties and rights on the partners involved; then He has endeared them in what would improve such marital bond and avoid separating and dissociation it. In fact, disobedience is one of the essential topics as it touches directly the life of the society and no family would be voided of such phenomenon, regardless of its nature and the way of its treatment. In Islamic jurisprudence, the wife's disobedience is best represented in her behavior as she does not live with her husband in the same house and avoids making intercourse with him. For the wife as being disobedient to her husband, that does never necessarily entail disobedience to be of one sort; rather it occurs in different sorts and varies according to her disobedience with her husband. The way to treat wife's disobedience requires following attentive phases taking into consideration her being conditions and status. The phases taken, in turn, also differs on the basis of disobedience nature and the point which it extends to. In addition, applying these phases gradually may dispense of the so-called phases in their later stages without breaking up the marriage.

China's maritime strategy and its impact on regional security


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 2, Pages 59-114

Each state seeks to protect itself and its national interests through a range of strategies adopted by. China , as a regional and international power, adopted a naval strategy for the defense of the proximal and distal seas to suit its location and its position in the international system to be great naval power; and now, it is the largest regional naval power in Asia after the United States to prevent neighbouring countries from thinking of approaching its national interests or even the threat to these interests ; therefore, China formed appropriate military naval power for this strategy to protect the energy transmission lines the which it relies on to continue its economic growth and dispose of the goods and products. So, This strategy had a great effect of the regional security by increasing military spending and arms race nautical especially countries that have vital interests in the south and east of China Sea and disputes of sovereignty over the islands, which each of them claims as subordinate to it especially states that compete with them on the regional leadership, which have a security treaty with the United States, which is worked on adopting a rebalancing strategy in Asia. So, each state of the regional neighbouring countries tries to respond to this strategy in its own way that preserves its national security.

Legal effects of corporate division (Comparative study) (Mstal)

Shemai.F.ALnauamiy; Ajead.TH.Aludlamy

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 2, Pages 115-181

Division is a legal operation aims at dividing the company in to parts, each one can develop in to a new company, or these parts can integrate with existing companies, thus putting an end to the divided company. The termination a not followed by settlement of the financial obligation and the economic project of the divided company. This is a special kind of termination , it is a legal termination but not a financial one . This is called ''early termination ''.
The idea of the divided company is found by the legislator in order to keep the company project and the related legal relationships as the transformation of the financial obligation of the divided company to the new existing one al though the financial obligation is divided into parks, Accordingly the general legal succession appears.
The legal succession provides a protection for the general guaranty of the debtors.
The legislations presented by the general legal succession supported the new company to fulfill all the financial obligations and responsibilities to the debtors, At the some time the succession guarantees the right of the debtors to objection if their rights are negatively effected by the division. The mile of joint liability of the companies is not strict and it can be ruled out. The new company is not responsible for the debts of the divided company but in relation to the trans formed responsibility.
The general succession of the companies which arise from division is followed by the remaining of some contracts effective especially those which have no personal considerations. But home social and economic effects in order to enforce the basis of trust and stability in commercial transaction. Finally, the idea of general succession encourages the partners and share hoders to transform from the divided companies to the new ones. And keep their old position and status .

Evacuation alert in civil law (A comparative study)

Bashar.A.ALjboury; Ahmad.S.Yassin

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 2, Pages 182-221

The leave Contract is one of the most widely used contracts among people As no one needs it , So it have received Special attention from legislators in many Countries . It is a true mirror of the social and economic conditions of the society , and this may Justify the large number of special legislation related to it in the majority of the countries . Therefore , Whenever there are Social and economic Conditions on the Society and the legislator's intervention to address them , We Find the legislation governing that Contract the most generous share .
When talking about the end of lease to us , saying that it ends with the end of it's duration of being a Contract duration but Contractors may sometimes agree to set a certain duration of the Contract but only Stipulate that it will end with eviction . Therefore , the Contracts may agree that the lease expires after the expiry of it is term if one of the parties warns the other . At the appointed time before the expiration of that period , the Contract here shall not automatically terminate for the expiry of the period .
But the person who wants to terminate the alert to the other So if the alert was issued when the Contract expired , However , if the warning is not issued after due date , the rent does not end but extends .

Legal Regulation of Wages of Public Service Providers (Temporary employee model)


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 2, Pages 222-268

Public administration needs many persons to conduct their everyday work. The people who are in charge of a public service of those persons perform the management functions temporarily longer or shorter depending on the actual need for the services associated with the government throughout nodal relation which are closer to regular description. They have a big role in helping the permanent employees bear the obligations resemble very similar to the second category obligations fairly and in contrast they have the rights set forth in a lot of laws and decisions that we find different between the two and the others in its defined or organized sets for the conditions assigned to a public service, and the most important of those rights are financial rights of remuneration which they earn those wages vary from / to another person by nature of the work they are doing and who could be affected by the increase or decrease according to the extent of their commitment to their duties.

The crime of maritime terrorism


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 2, Pages 269-304

The security of the seas and oceans in general, and the security of freedom of movement in particular, are among the tasks of the international community, which are united in their efforts to counter any violations in these parts of the globe. Despite the prevalence of terrorist crimes in general, The sea and ocean, called maritime terrorism, has its own specific characteristics in place in these areas, which is distinguished from other crimes in terms of the terrorist purpose it seeks to achieve, in addition to its own means of commission. These characteristics differentiate it from other crimes of maritime piracy and armed robbery on ships and hijackings The international efforts have dealt with their legislation in the agreements concluded that dealt with the crimes of terrorism, suppression and financing, in addition to maintaining the security of the marine waters and fixed platforms on the continental shelf. In addition, Domestic legislation dealt with remedies to these crimes.

Ministry of Higher Education and Scientific Research and its role to reduce corruption and its image (Iraq model)


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 2, Pages 305-328

The Ministry of Higher Education and Scientific Research is an important institution in the fight against corruption, its image and methods of prevention. It has great effects on the family, street and society levels.
Therefore, our study in this research is in the mechanism of combating corruption in Iraq and what are the precautionary measures to treat the public employee and protect him from corruption, the real reasons for the spread of corruption phenomenon, and the extent of compliance of national legislation in Iraq with this duty imposed by the United Nations of the 1997 Convention on Corruption. A statement on the role of the Ministry of Higher Education in corruption, and whether it has an impact on reducing corruption and corruption and reducing corruption and its image.