Journal of Legal Sciences

Cyberspace Security

2023-08-12T19:51:47+00:00

After the tremendous development witnessed by the world of communications at the beginning of the third millennium, the activities that are performed through cyberspace have increased, and its importance has therefore increased, and the risks to which this space is exposed have increased, and in view of the global trend towards regulating this space and the practices that take place through it, as well as finding legal and technical ways to secure it. And to secure the services that are provided through it, it was necessary to determine the nature of this space and therefore its security. In order to create an appropriate theoretical framework around it that may be used if the Iraqi legislator goes towards organizing this space and securing it legislatively.

Evidence- Based Premature Termination Implicit

2023-08-18T18:26:54+00:00

For the premature termination of the contract is the creditor’s ability to request the termination of the contract due to the debtor’s breach of the execution date based on the debtor’s explicitness not to perform upon the occurrence of this date or because of a presumption proving that breach. Or return it to the extent of the creditor’s ability to prove what he claims, and thus the burden of proof falls on the creditor.

There is no difficulty in proving the debtor's declaration of non-performance, but the difficulty lies in proving the perceived breach in the future, that is, the creditor concludes earlier on the date of implementation that the debtor will breach his obligation and therefore the creditor does not obtain the implementation that he wanted from the contract, based on In this, there is a set of clues, emirates, and facts that reveal that the contractor will refrain from implementing an important aspect of his obligations when they are due.

The Terrorist Project in Terms of the Agreement

2023-08-18T18:50:47+00:00

Terrorist crime is considered a serious act that outweighs all other crimes in terms of impact and result, because it has a wide range on societies, and it also contains a great thing of danger represented in its purpose, and here describing terrorism as a crime is a description that does not give the full right to this behavior or that it It abbreviates it and does not show its actual reality, given that terrorism contains several different crimes and the roles of its contributors, and these roles are necessary to reach the result or the end. In which each episode is complementary to the other, it is not a single act, but rather several joint and complex actions that in turn all lead to the result, and the agreement in the terrorist project begins when agreeing on the formation of the project, and thus the intention and intent is available in its formation and the path to its goal, and therefore, the agreement cannot be considered On the project, it is a consequential contribution as in other crimes, except for the agreement on state security crimes, which the legislator considered an independent crime by mere agreement, even if the crime did not occur and ignored for the people The terrorist threat, therefore, the agreement is an independent act and an existing crime and an original actor who did not commit it even if the crime did not occur, because the danger of the terrorist crime is not less than the seriousness of the state security crimes, but rather it is more dangerous because it is related to society and its change and its connection to belief and thought, so the agreement is in the terrorist project It is a crime for which the law is held accountable, even if it did not occur

Considered Interest in Criminalizing Assault on Public Facilities

2023-08-18T19:08:26+00:00

Public utilities are the most important institutions at the present time, because of their great importance in providing daily services to citizens to meet their needs, and thus help the state to develop and progress in various social, economic and even security fields, and they also have a major role in creating an environment filled with stability and good life.

Due to the great importance of public utilities, the hand of the legislator extended to protecting and regulating them in many legal texts, so he singled out many texts for them, whether in regulatory or even penal laws, and because penal texts are the most important legal texts because of their great role in protection, as well as their connection to the rights and freedoms of individuals. Therefore, it became necessary to research these texts and clarify the interest in their legislation, because the philosophy of the legislator in penal texts is their interest.

In order to determine the interest considered in crimes committed against public utilities, we divided the research into two chapter the first to show the concept of interest and public utilities. As for the second topic, we explained in it the interest that is the subject of criminal protection for public utilities.

The Formalism in Mortgage Accordance of Amarican Law

2023-08-18T19:39:27+00:00

This research deals with the formalities of the mortgage contract according to American law, We have given an overview of the provisions of this law related to the subject, We have also taken into consideration the role of American jurisprudence and the judiciary in finding legal solutions to the aforementioned formality, We have discussed the formality of mortgage in American law in two sections, In the first section we showed the formalism in immovable mortgage, and the second section specified to studying the formalism in movable mortgage.

Conditions Related to the Nature of Hardship Necessitating Facilitation

2023-08-18T19:56:24+00:00

The implementation of the rule of hardship brings facilitation requires several conditions that must be observed in order for the provisions to turn from difficulty to ease for the taxpayer, whether those conditions are related to hardship necessitating facilitation or conditions related to the person charged with hardship. Knowing this issue is extremely important, especially with regard to hardships that were not mentioned in terms of control or specification.

The Mechanism of Incorporation the Treaty and its Legal Value into Iraqi Law

2023-08-18T20:14:33+00:00

The importance of international treaties reside at the present time in regulating a several issues within the internal scope of the state, and that after it was monopolized by the internal legal system of the latter, besides this the three authorities of the state assume the task of implementing the obligations imposed by international treaties on the states party to them.

Therefore, we will expose in this study the mechanism used by the Iraqi state in incorporation the international obligations into the Iraqi internal legal system under the successive constitutions from the establishment of the Iraqi state until the issuance of the constitution (2005) in effect, as Iraq followed the approach of indirect incorporation of international treaties, which made the legal value of the international treaty Inferior to the constitution and equal to the legal value of ordinary Iraqi legislation.

The Authorities of Owner’s on the Detached Parts in the Ownership of the Floors and Apartments

2023-08-30T18:37:58+00:00

The right of the owner of the floor or apartment over his detached unit is a full ownership right, which simplifies to its owner the powers of use, exploitation and disposal, provided that the owner’s powers in the system of ownership of floors and apartments, as well as their adherence to the general restrictions of ownership, remain also restricted by agreement restrictions, the source of which is title deeds And the building bylaws, which are drawn up by the Building Owners Association.

The Legal Nature of Independent Guarantees

2023-08-27T18:51:38+00:00

The guarantee has been known since ancient times as the most widely used personal guarantee, whether at the commercial or civil business level, internally and externally. However, it suffered from weaknesses from the point of view of creditors. In search of a safer personal guarantee, and based on contractual freedom, independent guarantees arose, starting with practice, followed by the stage of legislative regulation.

This type of new guarantees is based on the principle of independence. The independent guarantor, who is the debtor of the guarantee, is bound by a personal guarantee originating in the contract with the inability to adhere to defenses, which constitutes an advantage that tempts creditors, and the well-known legal systems cannot accommodate it, such as (Surtyship, Imperfect Representation, Stand-By Letter Of Credit).

The Legal Qualification of the Marriage Mediation Contract

2023-08-27T19:05:28+00:00

Although the profession of a marriage mediator is dominated by a social character, and it is also characterized by its practice in the midst of strict secrecy, because Eastern societies innately reject this method of searching for a life partner. The two parties play a prominent role of the will in the events of legal effects, and the obligations and rights owed by the contracting parties, which leads us to consider the agreement between the mediator and the one who wants to marry going to the purely contractual nature, and thus requires the correct legal adaptation on the contractual relationship that is achieved between the marriage mediator and his clients from Those who want to get married and therefore we will divide this research into six demands to clarify the legal qualification of the marriage mediation contract.

Industrial Property Licensing Contracts are Exempted from Ban in Accordance with USA and European Law

2023-08-27T19:21:47+00:00

Intellectual property rights of all kinds، and their nature، are considered a tool in the hands of their owner that enables him to monopolize the benefits that you confer on them without any dispute or mediation from anyone. Intellectual property on its intellectual product، and preventing others from exploiting it without obtaining the permission of its owner All of this is reflected positively on the progress of the industrial and commercial field، and this justifies the protection provided by the laws regulating intellectual property rights to its owner، whether at the national or international level، and with our recognition of the right of the owner of intellectual property rights to enjoy the exclusive use of his right، and the importance of providing legal protection for intellectual property rights Intellectual property، however، there are issues that are no less important than that، such as the abuse of intellectual property rights in a way that deviates from the normal use of its right، especially if the intention behind this use is to harm others، or that the interest that it aims to achieve is less than Damage caused by.

The Role of Requests in the Criminal Case at the Trial Stage

2023-08-27T19:40:44+00:00

The trial stage is one of the important stages in the criminal case, which aims to assess the weight of the evidence, whether it is in the interest of the accused or against his interest. When the subject court presents the evaluation of the evidence, it presents it in terms of its value in proof. Therefore, the trial procedures guarantee to the litigants, especially the accused, many guarantees, including the right to defense and to express the requests that the legislator allowed them to make, and the judge is not bound by the requests of the litigants. He is free to deny the evidence and is not obligated to include in the reasons for his ruling all the evidence that was presented during the session. Rather, he is only obligated to state the evidence on which he built his conviction or justifies that abstention.

Challenges and Risks Faced Mobile Banking Services and Ways to Confront and Limit Them

2023-08-27T19:59:43+00:00

This study deals with the challenges and risks faced by mobile banking services and their plagiarism and reduction, the issue of risk management and review, as it acquires financial importance for banks that provide electronic mobile banking services, as included by the Basel Committee, financial accounting via mobile phone, and in line with treason works Traditional commercial banks invest in modern ones, including mobile phones.

Foreign Investment Contract for Real Estate in the Two Frameworks Conceptual and Structural

2023-08-30T19:09:39+00:00

This study derives its importance from being a research attempt that came to shed light on the conceptual and constructional frameworks of the foreign investment contract for real estate, by clarifying the definitions provided by economic jurisprudence and legal jurisprudence for this contract, identifying its distinctive characteristics and standing on its legal nature, and then revealing the pillars What must be available for its establishment, in order to measure the adequacy of the legislative texts contained in Federal Law No. 19 of 2018 regarding foreign direct investment to face all emerging issues and situations in the real estate investment environment, compared to Egyptian Investment Law No. 72 of 2017, which came Federal Law No. 19 The study resulted in a number of results and recommendations, the most important of which is the call of the UAE legislator to issue a federal law on foreign investment in real estate that includes all legal rules that help the judiciary to find appropriate solutions for all new cases that may appear in the investment environment Real estate in the United Arab Emirates, as a result of the desire of many foreign investors to invest their money every second Peace and tranquility in UAE real estate.

Constitutional protection of the Human Right Dignity in UAE Law

2023-08-30T19:29:54+00:00

God Almighty created Man and made him his successor on Earth. He honored him above all other creatures and granted him all means to protect his human dignity, yet to date some societies violate and breach that protection. We are still hearing of the persecution of blacks in the USA and murdering Muslims in foreign countries even though these groups are entitled to the right to human dignity. The right to human dignity is a sacred right that is guaranteed for all individuals regardless of their color, sex, race, religion or origin. The real problem we are facing is that many societies do not provide sufficient protection for this right and do not put penalties and punishment in case this right is violated. There are numerous forms of the right to human dignity, including, but not limited to, the preservation of human dignity by prohibiting torture, assault, discrimination, violence, etc. Some countries protected that right directly by including it in their constitutions and legislations, while others set penalties only in case such right is violated without directly referring to it.

In this research, we will shed light on the constitutional protection of the right to human dignity. First, we will explain the nature of the right to human dignity and the origin of it in the Abrahamic religions and international charters, then we will discuss some forms of this noble right, and finally we will show Position of the UAE legislation in this regard.

Rules for Sustainable Development to Protect Working Women in Iraqi Labor Law No. 37 of 2015

2023-08-31T11:30:41+00:00

Our research dealt with the issue of sustainable development related to the legal rules of the labor law in force to achieve the necessary protection for the rights of working women. The Iraqi labor law in force set several rules inspired by the texts of international conventions to protect working women at work. These rules were summarized in our research to the rules of protection from sexual harassment. At work, and the basis for obtaining decent work for women at work, Iraq was one of the countries organizing the Convention (CEDAW) that combats sexual harassment and gender discrimination, and which called for the importance of the presence of women in developing society and achieving the global goals of sustainable development. Development cannot be achieved without the participation of women On an equal footing with males, or if there is prejudice and discrimination between the sexes at work, the societies that respect women, pave the way for them, and provide them with the necessary protection to hone their skills and polish their ideas, are societies that are more developed and advanced than the rest of the societies that see women as just a person who comes after men and in their place Its mission is to serve the man and ensure his comfort.

The Terrorist Aim

2023-08-31T11:43:49+00:00

The aim of human behavior is the psychological element that is no less important than the other psychological elements, and its importance in the formation of human behavior. Raising the subject of the aim came in view of the importance of the aim element in criminal behavior, the terrorist crime as one of the types or forms of that behavior has a specificity that distinguishes it from the rest of the crimes where the role of the criminal aim appears clear and gives the terrorist crime the distinctive element in its moral corner, the Iraqi legislator in the Anti-Terrorism Law No. 13 For the year 2005 explicitly stipulated the terrorist aim, but did not clarify or specify the meaning of the purpose of the jurisprudence of the judiciary, which often confuses the purpose and the motive as well. The meaning of the terminology in jurisprudence and law and a special definition of the criminal aim, since the criminal jurisprudence did not address the topic of defining the criminal purpose in a clear and precise definition, after referring to an important point that the criminal aim is an immoral (criminal) end.

The Legal Subjectivity of the Iraqi State Council’s Fatwa in Disputes of a Financial Nature

2023-08-31T12:19:00+00:00

The state council has gone through many development an stages in view of disputes in all its forms.

Whether of a financial nature or of an administrative nature it is within the jurisdiction of the ordinary judiciary to a specialty jurisdiction between the ordinary and administrative then to a general and comprehensive jurisdiction to the judiciary and to get to the corridors of this facts.

And to stop on the jurisdiction of the state council in settling disputes of a financial nature it should be determine what those conflicts are by defining it and then defining what falls within its competence of the state council or otherwise settled.

Procedures of the Competent Authority in the Organization of Tourist Facilities

2023-08-31T12:32:37+00:00

Tourism facilities represent one of the forms of public facilities, especially that tourism is of great importance to most of the peoples of the world and is an essential tributary to the economy and the provision of foreign currency to any country, and since the development in this field does not depend on tourism resources or tourist attractions only, but rather on how to manage them and the procedures that are practiced by the competent authorities in the management of tourist facilities are of great importance, as they bear the administrative character on the one hand and on disciplinary nature on the other hand, which was indicated during the research.

Enshrine the Principle of the Common Heritage of Humanity Within the Framework of International Law

2023-08-31T12:43:43+00:00

The international community began to realize, following the discovery of vast wealth in areas that fall outside the territorial limits of states sovereignty, that the huge difference in scientific and technological development between developed and developing countries may give developed countries the opportunity to exploit these wealth, and this, in turn, will lead to a widening gap between countries, developed and developing countries, and the consolidation of the principle of inequality due to the lack of third world countries with the capabilities that allow them to participate in the exploitation of these wealth, and when these concerns came to the fore in the United Nations General Assembly in 1967, Ambassador Arvid Bardo, the permanent representative of the State of Malta to the United Nations, called for August 17, 1967 to include in the agenda (D-22) of the General Assembly of the United Nations a proposal to study the issue of allocating the seabed and ocean floor and subsoil beyond the territorial limits of states for peaceful purposes only and the use of its resources for the human interest, as this proposal was approved by the General Assembly of the United Nations Several legal steps have been taken to put it into practice.

Standard Protection for the Human Genome

2023-08-31T12:57:02+00:00

The legal protection of the human genome is an ethical issue related to the future of human existence. After the disclosure of the human genetic map, scientific practices and research related to the human genome increased, especially the negative applications of genetic engineering that violates basic human rights, especially the right to human dignity, and pose real challenges to the existence and diversity of Present and future generations. Therefore, the existence of legal rules at the national and international levels is an absolute necessity to prohibit these threats and to arrange civil and criminal liability for those who violate them.

International Child Abduction in the Framework of the Hague Conference on Private International Law

2023-08-31T13:10:48+00:00

The prevailing pattern of child abduction has changed in the current era, and is no longer limited to the local borders of states but is taking an international turn, and the most accurate legal use of the term international child abduction originates in the Hague Convention on the Civil Aspects of International Child Abduction, which considers-as the naming of the convention suggests - In cases of kidnapping from the point of view of private international law, the essence of it is a bitter dispute over custody rights that develops to the point of abducting children across borders, to try to obtain custody of the child in another country, so that the snap here is a family member and most often a parent, as it causes many legal consequences and a traumatic impact on the abducted child, who is in a situation where he is struggling with a range of emotions. In line with the above, this research clarifies what it means to kidnap a child by a family member by analyzing the concept of international child abduction in the first research, while in the second section we will show the available mechanisms to combat it.

Manners and Styles of Violating the Administration's Duty to Implement the Administrative Judiciary

2023-08-31T13:20:18+00:00

The forms and styles used by the administration in order to violate the implementation of administrative provisions are among the most dangerous steps that the administration pursues to evade the obligation to implement them , which is helped by the fact that it is not possible to limit the images that vary and increase continuously with the development of functional relations in the administrative field, which makes it difficult to have a legal codification of these images and methods of confronting them.

The administration is aware of this and seeks to achieve its objective of non-implementation with its superior capabilities and wide powers to make these images legal behaviors that the judiciary is unable to confront. The occurrence of changes in it by a legal text, and the judiciary pays attention to focusing on these forms and methods that the administration follows in order to guarantee the rights of individuals that are guaranteed by constitutional texts in various countries of the world.

The Pillars of Trading Insiders who are Familiar with the Internal Information of the Company Listed on the Stock market

2023-08-31T13:30:05+00:00

Although the obligation to disclose is one of the factors that greatly affect the success of the stock market and achieve the stability of transactions, this obligation should not be understood in absolute terms, as there are secrets for the company and for market participants that should not be disclosed in a way that harms them and thus negatively affects the market.

Accordingly, this study deals with a very important topic, which is the legal regulation of the internal information of the company listed in the stock market, as the exploitation of this information has a positive or negative impact on the price of the security issued by the company.

that It violates the principle of equality among investors, in addition to creating imbalances with regard to the protection.

الغش في حكم التحكيم التجاري الدولي - مشكلات وحلول

2023-08-31T13:38:58+00:00

The increase in economic institutions, commercial companies and international trade operations among them across countries and in most countries of the world and the inadequacy of their national laws and national judiciary to settle the disputes arising from them between the parties led to the tendency of legal thought to search for specialized, appropriate and quick tools to decide on them, so international commercial arbitration came In the first place for the settlement of those disputes, especially those that arose within the framework of international trade relations.

As a result, the demand for arbitration, especially international commercial, has increased, while other problems have emerged with it, namely, deceit of opponents in arbitration procedures may be a matter, as fraud in itself is a widespread phenomenon in legal relations in general and in litigation and arbitration procedures in particular. Where the parties to the litigation may deliberately manipulate and cheat the procedures in the course of the case or the arbitration litigation when it is held before the arbitral tribunal, or obstruct it to the detriment of the other party, desiring to achieve a benefit to obtain a judgment that he knows is not his right. Fraud may be issued by the arbitrator himself and this is achieved if he violates his commitment to impartiality, and then this research aims to shed light on the idea of fraud in international commercial arbitration, its problems and solutions, and the existence of a system for controlling fraud in the field of arbitration is ultimately a support for confidence in the arbitration system itself, and therefore the research plan has been made with an analytical approach , The first part of the thesis is about the concept of international commercial arbitration, and the second part is about fraud and judicial control over it.