Volume 3, Issue 1, Spring 2012, Page 1-297


Termination of the contract is fixed-term

Dora Hammad al-Dulaimi

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 1-29
DOI: 10.37651/aujlps.2012.43115

Successive contracts can be divided into fixed period contract and non-fixed period contract. The main difference between the two is that the contract of non fixed period would not be binding to the parties, each one can terminate it by servicing a notice of termination to another party, meanwhile the contract of fixed period is binding and no body can terminate it before the expiry date.
This study is handling the termination of non-fixed period contract to explore the various aspects of this issue. The concept of non fixed period, the legal base of termination, the comparison with other legal systems and conditions of termination has been handled. The study is supported with judicial precedents that gives practical understanding of general principles and rules of law.

Judicial control over the obvious mistake of judgment by management

Ali Hussain Ahmed Fahdawi

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 29-62
DOI: 10.37651/aujlps.2012.43116

mistake as on the creations French council of state A mistake that a judge who sees begond the limits of reasonable and Based to authority It focused on the control of appropriate administrative judge to help overcome the difficulties faced by.
These three levels start Control supervision obvious mistake of fact the adaptation than Control and evaluation and assessment of these facts to show finally that the resolution appropriate to the reality or not .
The scope of this Control to include public function disputes Disciplinary and disputes over of employees and Control measures for foreign…etc.and concluded that this Control was known by the administrative court of Egypt and Iraq but in anarrowrange

Legitimate penal mediation

Ibrahim Khalil Ausj

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 63-93
DOI: 10.37651/aujlps.2012.43119

This paper deals with the measures followed by the penal courts and offices of penal mediation which were established due to the special laws through which a large pressure on the penal courts could be reduced by physical means in solving troubles which exist among the family members or among relatives or friends or among others, committing by a small or middle. crimes i.e.not in cases of large crimes as murdering and so on. This interfering is done according to the agreement of the whole plea parties with a permission from judicature which sometimes result in closing the plea and ending penal measures against murderer to help positively in solving troubles resulted from crimes.

Knowledge management and its role in sustainable human development

asraa alaaaldien nori; Falah Mubarak Bardan Fahdawi

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 94-117
DOI: 10.37651/aujlps.2012.43122

Sustainable human development is the real measure of human well-being, a process concerned with the expansion of people's choices as to ensure and enhance their abilities in the field of health, education and the division of resources, and promote human rights and political participation and democracy.
The management of knowledge are regarded as of the latest management concepts, which developed literature on the quantity and quality, has seen the past years a growing interest by the business sector to adopt the concept of knowledge management, and the subject turned to the issue of a central and vital in all parts of the world has grown by virtue of the preparation of studies, research and literature on the concepts The dimensions and intellectual trends for this topic

Principle of the obligation not to cause harm to watercourse States International

Erkaan Hamid Agdia

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 118-152
DOI: 10.37651/aujlps.2012.43124

The Principle of Obligation not causing a harm of International Water Course
The water subject considered as a very important international matter nowadays. On the other hand, the lake of drinking water sources the increase of demand to it makes many countries ( including Iraq ) suffer from the lack of water , this matter caused a negative effect on the people and agriculture.
So we will talk in this study about ( The Principle of Obligation not causing a harm of International Water Course ) by which regulate the rights and obligations of the International Water Courses states , therefore our subject will be studied in three chapters; the first one talks about the definition of not causing harm, while the second talks about the legal foundation of not causing harm, and third talks about the effects of not causing harm, then we make conclusions and suggestions as one end to the topic.

Civil Protection for blood transfusions

Khamail Abdullah TunaAl-Hamdani

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 152-176
DOI: 10.37651/aujlps.2012.43125

The processes of blood transfusion medical topics important and especially in lost developments in medical science and treatment modalities, as made of Medical Sciences in various Majaltha and their competence strides in this development so that scientists can learn the secrets of the human body and treat what was a very difficult and these therapies treatment through blood transfusion has raised Kthel these processes controversy in many quarters of the medical and social as it drew blood people's attention since the dawn of history as one of the most important causes of life and observed that the human is possible to lose his life if he lost part of his blood at the same time it is possible to be transfer of part of the blood to the patient lead to save his life, for this we find that this matter has caused concern scholars in various fields and have passed blood transfusion in different stages of history, they arrived to the untouched at the present time.
These operations need to be protected and this protection is that which should be available to protect the right of a donor who provided part of the blood in order to save his life, someone else need this part of the blood, Mhzh protection that aroused our attention and is the compensation they deserve the donor in the event of exposure to damage from by the process of blood transfusion and this compensation covers material damage and moral support which could be exposed to the donor he and his family members in this regard has to be knowledge of the person entitled to compensation and the method of appreciation and this is what was purely, as well as the statement of the possible transfer of compensation to the back-General of the victim in the case of the death of the donor and to the heirs as well, before all this was a statement the legal basis for the process of blood transfusion and the legitimacy of these operations, and notes that the importance of the subject lies in his description of Lifeline renewed in body, sound and soul-emitting life in Crrin and veins of patients and how it is possible to save his life through a small part of the blood donor and who introduced himself to danger in order to save the life of the patient.

Read legal documents in the crime of falsification of academic

Rabah Suleiman Khalifa

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 177-196
DOI: 10.37651/aujlps.2012.43126

Is a crime of falsification of documents study of the most serious crimes that were common at the present time and in order to reflect tightened raised that Neptda in our research into the causes of this crime and this Ma_khassna his first section if we dealt with the economic factor and the extent of its impact on this crime, as we pointed to the social worker as one of the causative factors did not lose sight of the political factor and the leading role in the prevalence of this crime, as we pointed to a chief of staff for which this crime beginners store and strength of the document study, and then the material element based on changing facts in one of the ways in which the text of the law He strengthened another corner describes a mental element which Onebena on science and the will, the will of the science of fraud and forgery in addition to the intention of the use of forged with forged for him and his Ma_khassna this second section
Did not overlook the inclusion of some means or ways that would reduce this crime or the shrinking them and this is what Oferdna his third section. Then concluded his seal've included the most prominent results of our findings, andrecommendations proposed in this aspec

Guarantees of criminal case

Ammar Rajab Maicher; Hamdi Saleh Majid

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 197-222
DOI: 10.37651/aujlps.2012.43127

Its search dealt with general guaranty, we search in contexture problem which dealt the publicity and the labial and the notation and veto the judge and general lawyer or delegation the lawyer

Components of the cluster outside the constitutional framework of the constitutional document  (Comparative Study)

ahmed oudah mohammed; majed najem eadan

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 223-255
DOI: 10.37651/aujlps.2012.43128

Popularized the term block constitutional jurisprudence between the circles to express the set of rules and principles of Constitutional value that make up the constitutional reference to the judge, thanks to innovation The term and developed the doctrine of French make it a repository includes all the rules And principles of constitutional value that failed the constitutional document for inclusion among the components , And this cluster differ from one country to another depending on the different position of each legislator and the judge of the Constitutional Of these components, and the extent of conversion of the objective standard in determining constitutional rules, the Widening in some countries to block a wide range of constitutional and includes many of the rules and document Constitutional as is the case in France, has been narrow and limited to the number of components as is the case.

The principle of free competition in the contract tender

ali mokhlef hamad; arief salh mokhalf

Journal of Anbar University for Law and Political Sciences, 2012, Volume 3, Issue 1, Pages 256-297
DOI: 10.37651/aujlps.2012.43129

Freedom of competition means, free access to the tender announced by the administration within the limits prescribed by law, and in this sense is the principle of free competition principles governing public procurement system, but this principle does not tie the hands of management completely, but still has the discretion to enable them to deny some people apply for participation in public tenders for reasons that are punitive or preventive determined both legal provisions or under the authority of traditional management, as well as the right of management to exclude the tender after its submission for failing to satisfy the conditions of the tender or the inefficiency of the front, and the administration should not deviate from the causes and controls of deprivation and exclusion, and only promised in the abusive use of its right