Volume 9, issue 32 part 1, Spring 2020


Mustafa Ibrahim Salman al-Shammari

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 1-43

The topic of this paper deals with the disputes among Gulf states during 2017. The Gulf region has witnessed a major crisis, which was the establishment of Saudi Arabia, the UAE and Bahrain and supported by Egypt and some countries to sever diplomatic relations with the State of Qatar, but things developed as these countries imposed an economic blockade over Qatar, as well as an unprecedented campaign witnessed by the media of these countries, to halt this crisis, which has continued since 2017.Therefore, this research focuses on two important topics: the causes of the Gulf crisis, which are numerous, but the foremost ones are the foreign policy, the role of Al-Jazeera satellite channel, the Qatari support for the Islamic movements, the country's position on the Arab Spring and the role of the economic factor. The second axis is the regional and international dimensions of this crisis, which clearly indicated the importance of the Gulf region strategically and economically, not confined to its regional scope, but extended to include the intervention of some influential international powers in the global arena.


Nusseibeh . I. Hamo; Muhammad . L. Saleh

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 44-73

The subject of transforming typical bank to Islamic bank is considered as one of the most important subjects that raises the attention of the specialists in banks sector whether they are researchers or clients or shareholders. For such a purpose, there is a special decision should be obtained. However, there is a matter should be referred to which is the legal framework, percentage and procedure required to get such a decision, such requirements are different from jurisdiction to another. In any case, joint stock company is the legal shape of the bank and the general assembly of the company issues such decision and special majority of votes is required to pass such a decision


Ziad Samir Zaki al-Dabbagh

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 74-105

Differentiation is a natural matter that exists in human society since the very beginning of mankind and there is no way to ignore it. It is a source of wealth and a reason for human betterment if the principle of coexistence in society is established. Human existence is unworthy of the name "coexistence" if its existence is not for, and with the other.Nevertheless, long time has elapsed since the fall of the former Iraqi political regime and the occupation of Iraq in 2003, the concept of peaceful coexistence among its constituents remains weak, and the legacy of the past continues to cast a shadow over the lives of the Iraqi people, and this people has not been able to find who promote peaceful coexistence and reconstruction of Iraqi society, which is psychologically and materially devastated due to violent conflicts, on the contrary, it has been confined behind flimsy pretexts and blaming the other parties, whether or not they were participating in the political process, and the pursuit of narrow political interests at the expense of the blood of Iraqis.As a result, we have concluded a number of important recommendations and things, as follows:-Working to purify the social environment of the city of Mosul from the diseases of the rupture and narrow factionalism and cases of closure, retreat and autism. -Educational, social, economic and cultural policies must be reformed, which should contribute to the promotion of the option of peaceful coexistence.-There should be constant communication and dialogue among the parties and the basic components of the city of Mosul, with a peaceful dialogue, far away from the use of violent means.- Compromises must be accepted by all parties on minimum demands for the sake of public interest.- The Iraqi government has a duty to dry up the sources of terrorism and to deal seriously with the path of equality and justice and to promote a culture of peaceful coexistence and acceptance of the other. - In general, it can be said that the process of spreading and achieving a culture of peaceful coexistence among the people of Mosul does not only need letters and slogans calling for coexistence and tolerance of the other, condemning the culture of discrimination, hatred, intolerance and rejection of the other, but it also needs to turn those letters and slogans into concrete reality, trying to offer its services to all components of the society without exception.


Amer . A. Abdullah; Muhammad . S. Ibrahim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 106-131

Today we see a lot of people who are looking for someone to take their place in carrying out their transactions, due to their limited time or lack of knowledge of the origins of the transaction, so they resort to contracting with another person called (Tracer) to complete the transaction in his stead for a certain amount of money as agreed. Thus, there are many who take transactions tracking as a profession in most state departments and institutions such as the municipality and the real estate registration directorates, passports, civil status and courts, as many who wish to obtain a passport or building permit or transfer ownership of a property or register a vehicle in the traffic department, resort to contract to complete the transaction. Also, it contributes to solving the unemployment problem to some extent, as this profession is a source for living for the tracer that helps in managing his living and his family’s. As such, the importance of the topic was organized in most legislations such as the Syrian and Saudi legislations, except the Iraqi legislator who did not regulate this issue leaving it to the general rules. Therefore, the need has become urgent for the Iraqi legislator to intervene, address this legislative deficiency, regulate and protect this profession without disgracing it through the deal between some tracers with some employees in the departments using unlawful ways to complete transactions. This may occur when the law disseminates the conditions that must be met for the tracer and clarifies his rights and obligations, as well as punitive texts that ensure the implementation of these provisions legitimately.


Mohamed Abdel-Rahman Ibrahim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 132-159

In this study, we examine the desired role of the balance between work and family life that can be played by the private sector in this area in light of what is common in the new global system that speaks about equality and equality of opportunities between the sexes and their common responsibility in improving the level of work and family. This is the origin of the content. For short-term work, it is possible to take advantage of temporary work, part-time work and remote work, by creating employment opportunities for unemployed and jobless youth who have obligations Of which led to the development of obligations on operators of those parties to the forces of labor on the application of those laws prescribed time breaks and vacations that are conducive to the achievement of workers' health workers, occupational safety and for those professional capacities are eligible to work in those projects .


Elias Saeed Mansour

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 160-197

This study includes two methods of protecting higher education and scientific research intellectual ownership rights. The determination of the legal and judicial bases concerning intellectual ownership protection can be achieved through: Firstly, the law of the author right protection No.3 at 1971 and its modification No. 83 at 2004 according to the Occupation Provisional Authority (dissolution) order as well as to the orders enacted by ministerial special bases in the level of instructions and regulations. Secondly, it deals with the juridical protection and its field's the court. It is managed through application of legal instructions while demanding recourse to the specialized courts especially in those rights through the deterrence and penalizing the aggressor in the case of the availability of one or the availability of one or both of the civilian responsibilities or the criminal proceedings. This may be followed by reservation procedures to fulfill in this paper the form and shape altogether.


Chami Yassine

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 198-225

The theory of arbitrariness in the use of the right is of great importance in the world of law in general, and in civil procedures in particular, and this importance emerged after the ramifications of life and became more complex as conflicts increased and complicated the ways to solve them, when people have converted from their normal nature and several images of legal tricks have been emerged. Dodgers aimed at trying to blur the facts and put obstacles to the solution of discounts. In order to control the use of the right to litigation, there must be a way to force the deviation to its normal limits. Hence, the theory of abuse in the use of the right has entered into the procedural process, and has become the basic criterion for the use of procedural rights is the right of litigation.


Ghazi Saber Dzie

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 226-275

It is certain that crimes against public money, including the crime of graft، have serious negative effects on the national economy. Therefore, the study of the contribution is of great importance especially if we know that it is a crime of a different nature from the conventional crimes, both in terms of the perpetrator or the damage caused accordingly, because the perpetrators of this kind of criminality of cultural and scientific level and experience in the field of work- as well as the contributors- enable them to commit the crime and conceal the features, and the amount of damage resulting directly on the public money, which leads to weakening the entity and elements of the national economy. This requires to unite the efforts of the people and their cooperation with the competent regulatory authorities because the increase in the wealth of the individual is acceptable to the community- and even encouraged- to be conditional that the source of the activity is not contrary to the law and this occurs when the opposite turned away from society and worked to fight it. It is natural that the individual's money has a distinguishing feature from the public money as the owner tries to protect and preserve it with all means. On the contrary, public money does not have the individual's reasons to preserve it. The idea of contributing to the crime of graft is aimed at protecting all citizens and their future and even the future of forthcoming generations because the harm affects all members of society. Thus, there is a vital need to preserve and protect it from the hands of the abusers and that is impossible unless settled in the conscience and everyone in the society.


Bassair Ali Al-Bayati

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 276-318

This research deals with the problem of missing persons in Iraq. It tries to figure the legal framework governing the situation under national remedies and how its evolved to meet the growing needs under the increasing missing persons numbers. Through three decades of international armed conflict and internal armed conflict, the numbers of missing persons in Iraq are around one million. In fact, most problems focused on the legal issues and the assistance needs. The article goes on to address the national mechanisms of missing persons, the preventive measures for missing issue, and the reaction measures of missing issue.


Delaware Salih Mahmoud

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 319-352

The exhaustion condition is the most important condition to implement the theory of unexpected circumstances. In case of having exceptional circumstances, it is possible for the parties in a contract to face a situation that makes implementing the contract obligations impermissible. Nevertheless, having the difficulty in implementing the obligations in a contract is not enough to request the application of this theory. It is also required that the difficulty must cause the debtor a colossal damage if he/she has done their obligations under these circumstances. Hence, it is not allowed to request the application of this theory in accordance to the expected loss at the beginning of concluding a contract, because the contract always will be held on the basis of loss or profit. However, in the case of inferring the adherence to this condition and the subject is raised to the respective judge concerned. The authority assigned to him is optional, but it is not absolute, since the exercise of his authority is subject to the control of a higher authority. In the case of inferring this condition, the judge shall consider the personal and objective criteria, so that neither can be taken into consideration without the other for the proper application of this theory.The onerous condition can be raised as an objective protestation at any stage in the proceedings, but the court cannot raise it by itself automatically, since the proceedings in the civil judiciary as known means the demands of any action is carried out upon request. The judge shall make sure that the onerous condition is satisfied after it is raised by the litigants, and will start the procedures, and the execution of the contractual obligations is suspended in the case that the occurrence of such situation is temporary. Otherwise, it will continue to be implemented if the circumstances persist for a long time for the life of the contract, or to restore the contract onerous to a reasonable extent, and that is the distribution of the loss between the contractors evenly, even if they it is not equally distributed between the contractors. In order for the debtor not to bear a huge loss of any significant damage, based on the principles of justice and equity, which is the basis for the construction of the theory of emergency conditions, and this is in order to support the debtor.


Sawash Shaheen Ibrahim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 353-369

The guarantees of judiciary authority are one of the effects for judiciary independence, as it is required in many constitutions. Furthermore, the USA constitutions tended to limit the head of state’s impact on judges, to make his mandate life-long as long as they were well-behaved.One manifestation of the exercise of judicial authority guarantees before the USA President, which is financial in one side, is determination of the salaries of members of the judicial authority according to the law which shift away from the influence of the president and make their salaries increasable according to the law. Add to that another thing related to the accusation of federal judges or the House of Representatives accusing federal judges when committing major crimes also misdemeanors supplied that their trial before the Senate takes place with the accusation of the Supreme Court judge in the statement of the guarantees granted to the judicial authority, statement of its effectiveness before the USA President under the umbrella of the presidential system.


Majid .N. Al-Jubouri; Omar .M. Al-Hazaa

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 1, Pages 370-395

It is logical that the constitutional texts in the end are legal texts, so in order for these texts to keep-up with the changes and developments and the increasing needs of individuals because they must be prone to amendments according to their wording. Nevertheless, there are constitutional texts may represent a restriction on the competent authority of modification as some of them is banned to modify for a period of time consisting of what is known as (the temporal prohibition of amendment). Other texts banned for its subject as the amendment is not accepted because it is related to society and the prevailing principles, values, and fundamental matters that are unacceptable to prejudice, creating what is known as the (objective prohibition of modification).