Volume 8, Issue issue 30 part 1, Summer 2019

Mother's blood right: a basis for imposition or a reason to acquire? A comparative analytical study in the Iraqi Nationality Law No. (26) for the year 2006

Murad. S.Mahmoud

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 1-34

Granting of citizenship on the basis of the right of mere blood from the mother is one of the recent trends in the legislation of the Arab States. It represents the establishment of an important principle of the newly adopted legal approaches of equality between men and women. The legislations that adopted this basis has been precise to consider the nationality granted in accordance with this basis as an original nationality and to impose the rule of law in recognition of the strength of blood from the mother in equal basis to the blood of the father as well as humanitarian grounds. As for the position of the Iraqi law, it appears that the legislator has fallen in unjustified contradiction in the Iraqi Nationality Law No. 26 of 2006 when a general provision in Article 3 of the law stated that the original Iraqi nationality by the force of law be imposed on anyone born of a father or mother holding the Iraqi nationality, and then the legislator returned in Article IV of the law granting the right to acquire Iraqi nationality for everyone who is born of an Iraqi mother abroad from an unknown father after reaching the age of majority and submit a request for it. That release of the text of Article III of the Nationality Law is contrary to the allocation contained in Article IV, and this is a clear contradiction by the Iraqi legislator, as the text of the law in its current form raises many questions regarding the type of citizenship granted according to this basis; This research will discuss in detail and analyze this legal problem and ways of solving it by comparing the position of the other legislation's represented by the Turkish, Saudi, Moroccan, Tunisian and Algerian respectively throughout the study.


Harith. Q.Abdullah; Muthana. F. Al Obiedi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 35-57

The Global Chinese emergence and their transition from regional roles to international roles one of the main motivations for China to search for important positions in their relations, especially with the areas of oil production and African continent is one of these areas, which are characterized by having produced oil, particularly in the newfound areas and are still far from the attention of states or international companies interested in the oil industry, where China has sought to interest the African continent through deepening ties in this continent on the basis of common interests and investments development, whether those of oil and other Especially humanitarian aid in the development of the African continent on the economic, social and cultural level and confirm that China's interests in this continent based on respect for the sovereignty of states and non-interference in the internal affairs of these countries. Diplomacy of China's oil depends on the development of these countries and not exploited and thus this diplomatic allows a sense of relief when the countries of the African continent in its relations with China.

Brokerage Company Violation against Investor in the Stock Exchange (Comparative Study)

Sakban. K. Rashid

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 58-93

The brokering companies have an important and effective role in the money market for their services to various parties. The Iraqi legislator and the legislator took care to lay down most of the fundamentals that show how these companies work, because they are active in the most vital economic sector in the country. The rules are to regulate the relationship between brokerage companies and investors and determine their respective obligations and to ensure the safe handling of securities in a transparent and competitive manner through the supervision of brokering companies to ensure the safety of the market and its distance from the specter of breach and manipulation resulting from exploitation and inexperience by Ttmaren who deal with the market by those companies. Whose main task is not only to broker brokerage in securities, but also to commit investor awareness, advice and advice. In view of the fact that the Law of the Iraqi Stock Exchange No. 74 of 2004 is a newly created law, its provisions have not kept pace with the international financial markets that have developed in the organization and performance of all aspects of this market.

Child exploitation in begging crimes - Legal analytical study

Muhamad D. Stam

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 94-127

Childhood is one of the most important stages of life that requires special care and attention. It has its own needs which necessitate taking many priorities and requirements to achieve a lofty goal, which is to educate the future generation on solid foundations that make them good individuals instead of exploiting suspicious behaviors, Such as seduction or payment to beg and helping people, in roads or public and private places, which helps in their development on deviant behaviors, so how they do not huddle on the roads and in public or private places, and hold others and acquire bad habits instead of being established in their medical place at home and school, and learn the behaviors of good, from their parents and their teachers and enjoy good care and are subject to adequate supervision, all that came protection and care for this vulnerable group, and in all fields, including the legal field, principally in the area of criminalization and punishment (criminal protection).The punitive provisions of most criminal laws criminalize and punish all those who exploit children or children in their employment by begging, such as the Iraqi Penal Code No. 111 of 1969, which penalizes anyone who seduces a minor who has not attained puberty by begging. The law for the care of Iraqi juveniles has come under a special provision for the responsibility of the guardian, who under his or her jurisdiction is responsible for minors or juveniles to act as beggars, and this crime has a legal structure whose physical and moral wealth is the protection of children and has its criminal effects. Special measures And appropriate for them.

Tenant insolvency and its impact on the rent contract in the Civil Law (Comparative analytical study)

Ahmed M.Qadir

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 128-166

This study dealt with the issue of civil insolvency as a means of public guarantee for creditors. The Iraqi legislator organized this subject under legal provisions in the civil law inspired by the Islamic jurisprudence under the name of the stone against the bankrupt debtor. As for the rights of lessors and tenants, No. 87 of 1979, which was canceled under Article (10) of Law No. 56 of 2000, the Iraqi legislator at the time when the protection of the tenant property covered by the provisions of the law, he tried to find a kind of balance between the conflicting interests parties that contract, and among Y You may do so for legal reasons For reasons of which the law provides that if one of them is available to the lessor, he shall request the abandonment of the wage. The reasons stipulated in article (17) of Law No. 87 of 1979 are repealed under Article 10 of Law No. 56 of 2000, The Egyptian jurists believe that the right of the lessor to terminate the rent for this reason (the tenant's insolvency) is contrary to the provisions of the laws (49) for the year 1977, (136) for the year 1981. The first law did not oblige the lessee to provide insurance equivalent to only two months, And the last law remains on this provision, but the two laws prevent eviction Li prevents the evacuation if the tenant did not provide insurance for taxi was not worth having In this study, it was found that the tenant's tenant has the right to request termination of the contract from either the lessor or lessee, without restricting the contract to be fixed-term or indefinite. The lessee has the right to pay the rent, The judge considers giving reasonable time for the landlord to seek another tenant to mitigate the damage to which he will be subjected .

The Legal Nature of Judicial Reform In the civil case'Mustal'

jyad .Th. Al Dulaimi; Ammar. M. Nayef

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 167-201

Judicial reconciliation is one of the most important alternative means of resolving disputes between adversaries in a friendly manner. It aims at settling Judicial claims quickly, and Improving the functioning of justice and the speed of its performance by obtaining the right to its plaintiff at a reasonable time in minimal expenses and minimal procedures.Judicial reconciliation is a necessity resulting from the problem facing the judiciary for long time represented in the slow litigation procedures and the accumulation of cases before the courts. However, this noble objective of judicial reconciliation has faced several obstacles which contributed to limiting its purpose. These obstacles are represented by the difference jurisprudence in its legal nature due to the legislator's failure to specify this nature, which in turn reflected on what is issued by the judiciary when proving the reconciliation that it receives. Sometimes considered Judicial reconciliation a judgment and Other times considered a contract. Whereas The judiciary other considered it a judgment in term of formality and a contract in terms of content.This difference in the legal nature of the judicial reconciliation has been reflected in the methods of appeal and led to the impossibility of implementing judicial reconciliation , as well as the contradiction of the provisions, and here lies the problem that we are trying to find a solution at both the jurisprudence and judicial levels .

Crime of transport threat in Iraqi legislation

Khalid. A. Ahmed

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 202-240

The scientific development in the field of air, marine and land transportation has caused many disadvantages that mug affect negatively human kind . such disadvantages are represented in disasters and accidents that are resulted from transportation . In order to protect and preserve them can tings، it is important to avoid steps that may cause disadvantage . This could be through criminalizing dangerous action which leads to disadvantage in the transportation means . This represents a modern approach which assists in providing the penal protection to the protected interests in advance to avoid occurrence of damage . That reflect importance of researching issue of crime of exposure of transportation means to risked in the Iraqi legislation as it considers as a legal model of prohibitive criminalizing . we have explored this subject in three sections . the first section included concept of crime at exposure transportation means to risk . In the second section we considered the guilty act of this crime، and in the third section we discussed the criminal intent of the crime، and the criminal penalty .

The role of judicial division in the removal of common property (A comparative study)

Fayez . I . Rahim

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 241-263

The study came in two studies dealt with in the first section the types of judicial division in two cases dealt with in the first requirement division in kind, and in the second demand the division of liquidation.The second topic dealt with the legal effect of the judicial division in three demands that dealt with the first requirement, the revealing effect of the judicial division, and the second demand the carrier effect of the judicial division, and then dealt with the third requirement: - the dual effect (the moving effect and the disclosure of judicial division)The study concluded with a number of important results1.Judicial division is the best guarantee to end the state of common ownership in a fair manner, because it is under the supervision and supervision of the judiciary protects the rights and freedoms of individuals2.Judicial division is easy if we compare it with the consensual division because it allows the curqtor or guardian to appear on behalf of the partner in the event that the partner is absent or incompetent or deficient contrary to the consensual division that requires the presence of the same partner and does not allow the guardian or guardian to attend the duty Who is acting on their behalfAs for the recommendations, we mention:1-The necessity of continuing the heirs of the deceased in the case of the annulment of the division of those who are unjustly unjustified, because the law does not permit the heirs of the deceased in the case of the dissolution of the division of those who have a gross injustice and the researcher believes that this provides sufficient security for the heirs to obtain their rights2-The necessity of appointing specialized experts in the judicial division in the Magistrate's Courts. Their task is confined to all matters related to the judicial division, because of the importance of the role they play in contributing to the elimination of common property.

Role of the Federal Supreme Court In maintaining the independence of the judiciary'Mustal'

Majid. N. Idan; Mohammed. S. Saber

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 264-297

The independence of the judiciary is one of the most fundamental guarantees for the establishment of the legal state, because of the importance of the role played by the judiciary, and this requires the non-interference of the legislative and executive authorities in the affairs of the judiciary and give it a separate constitutional authority independent of the other two authorities.The principle of independence of the judiciary is a natural result of the principle of separation of powers, there must be serious guarantees to the judiciary to protect them from the interference of the executive and legislative authorities, and these guarantees financial independence and administrative judiciary to be able to perform its function to the fullest without interference or influence from any party, The right of litigation and non-interference in the organization of the judiciary shall be ensured if such an organization undermines the independence of the judiciary. The Federal Supreme Court has a major role in this regard by ruling unconstitutional laws governing the judiciary if this organization is contrary to the principle of independence To spend, also to preserve the right of litigation through its provisions ruled unconstitutional the provisions that prevent the judiciary from considering some disputes or grant falls within its competence to the views of other non-judicial .

The removal of the President of the Republic as a justification for the crime of high treason

Aintisar. F. AL-juburii

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 298-324

The Determining the principle of the responsibility of the President of state in political systems is an important guarantee for the non-abuse of power and stability in society. It also leads to the removal of the non-competent from the government. The authority and responsibility are in the interest of the group and its progress and concern for its freedom, order and security. Society or its backwardness. If the authority assumes responsibility, the regime would be autocratic and authoritarian. Freedom and security would be lost. If the responsibility for the authority was assumed, the result is also unsatisfactory because of the lack of authority and competencies granted to the president in establishing Order in society so as to achieve its security, growth and prosperity .

The principle of final price in administrative contracts )A comparative study(

Hassan . M. Albanan; Wafaa. M. Ahmed

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 325-358

The coutractual nature of the conditions relatiug to the price cousequent as it's effect final price، So that one coutracting in dependence modified without the agree of the other contracting . Thus the price because final and then may not be any of the contracting parties to be alone adjusted، Legislators can not adjusted it and coutractor can not claim to increase the agree price، And then this priuciple way be his argument in the face of contracting parties، But whether the priuciple of the final price preveuts the management and the contractor unilaterally amend the agreed price، That does not mean Rigidity price were the contrating parties will have the right to go out this and then adjust the price ouit's dual willing . Also the legislators may impose adjustment on coutracting parties which in this case cousidered au excertion to the geureal principal can claim coutrating authority to the review price of contract in case of currency fluetuations in the marjet or increase wages or insurances or the names of the raw materials such as iron and cemeut and other issues that expected to arise، and without resort to the courts to claim counpeusation، ware over coutractor، may deserve in the coutract in specific cases that which is prescribed the other exception to the priuciple of final price.

Risks and disadvantages of the introduction of electronic commercial books and ways to address them

Amir .H. Al-Janabi; Amira. O. Al-Jalali

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 1, Pages 395-383

The purpose of this paper is to explain the downside and risks of electronic business books, which are considered to be one of the elements of e-commerce, which emerged due to the emergence of the technology revolution, by addressing these disadvantages and risks and identifying them and trying to develop suitable solutions for them. Because the failure to find appropriate solutions leads to serious and serious consequences that constitute serious and real obstacles to the use of electronic business books as an electronic means of proof. We have reached several conclusions:1-The Iraqi legislator has not dealt with the provisions relating to these books in a manner appropriate to their importance and electronic nature.2-Lack of Iraqi law to regulate the infrastructure of electronic commerce, including electronic business books. 3. The use of electronic business books requires special technical and technical expertise. We recommend the following:1-We recommend that the Iraqi legislator amend the law of evidence and the law of commerce, by entering texts containing provisions for electronic books and electronic commerce, and to issue a special law independent electronic editor includes a section dealing with everything related to electronic books.2-We propose to the Iraqi legislator the need to rehabilitate and organize the infrastructure of trade to become an electronic trade in keeping with the development in other countries.3-Training cadres in various commercial establishments to provide them with the required expertise.