Volume 8, Issue issue 28 part 2, Winter 2019


The Legal Implications of the Arbitrary Abolition of the Contract under Private Law (Analytical Study)

Ataallah.A. Iskandar

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 1-19

The principle governing all contracts is the contraction balance which permits the equivalence for all of the rights and commitments, and non has the right to cancel the contract without committing mistakes by the other part. The binding contract for the two sides makes mutual commitments to the guarantee of proposed contractors and these commitments are interrelated where if one of the parts wouldnot carry out his commitment, the other part would have the right to cancel the contract. In order to take this contract into account artificially, the contract should not include any weak part and strong part in which the strong part has the absolute authority in legislating contracts willingly without discussing with the other part. In respect of the contract willingness the judge should not intervene with the nature of the contract for the public benefit. As it is known that most of the contracts of private teaching institutions are imbalance in rights and commitments and the other part has the authority over the second part. However, this case could lead the second part to miss the chance in a particular work resulting a moral and material damage. Does any part have the authority to cancel the contract illegally and without failure of the other part where the contract has not included any condition stipulating this matter and without any responsibility taken over the arbitrary cancelation. We have concluded through this research that the justifying of the dissolution of the contract is wrong in the implementation of the commitment by one of the parties and the error should not be due to foreign circumstances such as sudden accident, force majeure or divine scourge, and the judge has the discretionary power to rule in the dissolution of the contract, To refuse to terminate the contract if justified. The contract shall not be rescinded abruptly unless the party making the mistake has failed to implement its obligation.If there is damage resulting from the abrogation, whether the damage is material or moral, the opportunity or success of a certain person or participation in the work or promotion is a mistake that requires compensation. Therefore, the main conclusion was that annulment of the contract without a requirement of annulment or a legal provision for the impossibility of execution for a foreign reason would be considered an arbitrary annulment that would entail liability once it had been achieved.

Administrative license and its role in preserving public freedoms and special activities in Iraq

Mohammed.N. Ali

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 20-51

Licensing is an action which is taken by the State to regulate trade and business for the protection of the public against anti-social activities involved in industrial life. This means that licensing power has a direct bearing on social inter-action and values. The modern administration under the impact of economic philosophy of welfare state has developed various techniques which imping upon the economic rights of private individuals and regulates the manner in which such right may be exercised. The regulatory techniques that are most commonly used in modern economic legislation are licensing, permit, registration and certification. Licensing power is usually exercised through these techniques in the regulation of various aspect of economic life. Licensing is a government action for social welfare. The use of licensing is for accomplishment of purpose.

International judicial protection of human rights

Sufyan.L. Ali; Aqab.A .Mohammed

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 52-77

The modern concept of human rights has not settled in the conscience of humankind and has attained its high status in democratic systems and on the international scene only after a long and arduous series of continuous struggle and bitter suffering. Human rights were in the past an individual or a local issue that concerns the legislation or internal practices of a state, however, it has become a global issue. It is no exaggeration to say that it has become a common human heritage embracing the rights of every human being and any religion or race. It should be noted that there is international judicial protection of human rights after the States recognized the international guarantee of human rights and recognized that they no longer have the exclusive discretion of their nationals, except in accordance with the international legal rules that have been established in international dealing. In addition to this high structure of protection human rights, we discussed that protection and we addressed international organizations that have exercised international judicial protection of human rights .

The exceptional criminal role of the civil judge

Amar.R. Meashr; Wisam.M. Khalifa

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 78-105

The civil court has the right to exercise civil role in accordance with the law. In some cases, however, it may exercise a punitive and externally punitive role, whether the objective is to impose sanctions that may be negative or may be financial, This is the result of the legislator's desire to enable the civil judge to apply the law and maintain the prestige of the judiciary and to confront any person who leads to the violation of the sanctity of the judiciary or to mislead or obstruct it. Or its agents to comply with the provisions of the law, as well as the desire of the legislature to simplify formalities in line with the positive role of the judge .

Legal system for animal experiments (A comparative study)

Mohammed.R. Mohammed

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 106-149

Our God create animals in order to benefit human without harm it. Islamic legislation and Our laws allows to make experience on animals with restrictions organize the process of making experience on animals for the sake of serving human beings, without torturing and suffering or killing it, and treat it with mercy and kindness and lovely, because animals are life creature sense of pain and form a member of environmental life that must keep of stability balance.So the Subject of our studying "the legal system of experiment on animals" uses the definition, date of experiment on animals, legitimacy with the Islamic legislations and laws, and responsibility civil with the user of animals in the experiment, and we reach the necessary of make a law of experiment on animals in Arabic states like European states with Universal declaration of animals rights.

Chinese Presence in Siberia: A Study in Opportunities and Challenges

Hassan. S. Hachim

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 150-180

Siberia is one of the most important areas of wealth in the world. It has magnitude and variety of primary resources, especially energy, such as oil and gas. Due to its geographical proximity to China and the far distance from the Russian power state, this gave China along with its economic and human capabilities a significant progress, contributing the feasibility of large and long-term investment to the resources of Siberia. The Russian state was politically and economically concerned by this presence with this intensity for the concentration of the most resources of the Russian economic power despite the cooperation between the Russian and Chinese in several areas to benefit from these resources. This research adopted a descriptive and analytical approach with respect to the overcrowding of resources in that area. The speed China with the cheap labor and technical and economic capabilities has been noticeable. This has been met by the decline of Russian tactics. The findings showed that the presence of China is an important presence though it has been under the umbrella of Russia, that is the country with the great military and economic power in the world. It is one of the Security Prominent as well.

The importance of the Iranian nuclear file in the US geostrategic vision towards the Gulf region

Kamal.A. Aljaf

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 181-215

The US geopolitical strategy developed from continental to global in the twentieth century, and the United States invested all its resources to achieve global hegemony and domination. However, the events of September 11, 2001, created an exceptional circumstance coinciding with the proliferation of weapons of mass destruction and extremist groups that practice violence and terrorism. The Middle East, which is adjacent to the Perssian Gulf, where American interests are a guarantee of American national security. According to the US geostrategic vision, Iran's nuclear and missile program and the Iranian government's external practices pose a direct threat to its interests. The decision to withdraw from the nuclear deal was the reason why the American ambition was to prevent Iran from obtaining nuclear weapons, and its external behavior would become a factor in the stability of the region. As the United States seeks to form the regional system in the world in accordance with the Geo-strategic concept in the twenty-first century, to achieve the conditions of global security stability and to secure its vital interests by imposing its cultural, economic and political model in the regions of the world and the Iranian nuclear file as a threat to its objectives in The Gulf region, as a factor disrupting the strategic balance of regional powers in the region, and a factor of concern for international peace and security.

Fall of the right to take legal action on time (comparative study)

Manaf.S. Aljubory; Hussam.A. Aljubory

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 216-268

The right yun out to take a legal action is regarded one of the kinds of proceedings in the Civil Procedure Law. In the case of negligence of the owner of this right, the failure to comply with the procedural dates specified by the law and not to follow them, this legal action deprives the right holder of his/her right in employing this right and has no right to use it again. A fall as such leads to the lack of another acceptance, because the purpose of these actions is to protect the rights and legal centers disputed among the parties conflicted in the Civil Procedure Code. Such procedures shall not lead to the destruction of these rights, irrespective of the form in which they occurred.

The idea of expropriation for public benefit (Analytical Study in UAE Law) (Mstal)

Salh.A. Alhuby; Ibrahim.A. Ibrahim

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 269-307

Property Right, a right protected under most constitutions of the various nations of the world today, is at times undermined. Owing to the continuous increase in population, urban development and expansion became a necessity. This called for improving infrastructure and establishing schools, hospitals etc. at the expense of private property, a matter that obliges the State to resort to expropriating private property for serving the public interest. Despite the fact that the legislator stipulated that expropriation must serve the public interest, we cannot find any comprehensive definition for Public Interest. This is because weighing public interest is dependent on the discretionary power of the competent authority. The notion evolved over the years, and many theories have been developed to justify the expropriation of private property for the public to accept it. Nowadays, in most Arab countries e.g. the UAE, Egypt, Jordan and Morocco, applicable laws stipulate that property may not be expropriated unless this measure serves the public interest, and providing that fair compensation be given to the private property owner in return. The role of the judiciary is limited to estimating the extent to which an administrative decision to this end serves the public interest. The concept of expropriating private property to serve the public interest has a lot in common with many regulations, which aim to seize real estate, whether temporarily, for nationalization, under no justification or by force. However, they may be different in terms of site i.e. applies to moveable property, and objective i.e. to realize a personal benefit. Legislation gave the competent authority the power to expropriate private property to serve the public interest. However, competent authorities must not abuse the powers vested in them. Such abuse takes the form of exploiting the expropriation of property, whether to achieve personal interests or financial gain, or pay off old scores. Still, it must be noted that decisions made by the competent authority may be appealed before the judiciary, which role is limited to estimating the extent to which an administrative decision serves the public interest.Some legislation restricted the power of the competent authority in expropriating private property even if such expropriation is intended to serve the public interest. This applies to religious buildings, public buildings or military buildings.

The manifestations of the violation of employee neutrality related to public life (Mstal)

Sami.H. Alhamdany; Hind.A. Anad

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 308-337

The employment responsibilities that public employee should bear are various; some of these responsibilities are stated in the Public Employees Disciplinary Act, and others are deduced from the nature of the employment itself. Despite the variation and differences among these responsibilities; however, the sake is to achieve one objective, which is the provision of services for public. Achieving such an objective needs the employee to be neutral and do not be a biased for a political party or group over others, the loyalty should be in favour the country itself. Besides that, the freedom of expression and contribution to the social life are the proper aspects where the neutrality of public employee should become clear. Public employee is the too by which the public administrative authority carries out its duties and achieve its objectives; so the obligation of neutrality by the public employee should restrict the freedom of expression as long as the provision of public services are concerned. Public employee should not be used as a tool to implement the political agenda of any political party or group.

Duty of obedience and its impact on the achievement of disciplinary and criminal responsibility of the public employee (comparative study)

Marwan.H. Ahmad; Hussin.T. Malallah

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 2, Pages 338-388

The presidential relationship between the president and the subordinate is one of the bases of public office and not the most important at all as the basis of the administrative organization of the state, and based on that relationship between the president and subordinate employee is committed to obey the orders of his bosses in the work as one of the most important duties and ethics of the public service. . As well as to comply with the law for the purpose of protecting the social order and in order to ensure the regularity of the functioning of public facilities continuously and without interruption because the breach of duty of obedience in the field of employment between the president and the subordinate affects the proper regularity and functioning of these facilities, which affects the public interest.