Volume 5, Issue 1, Summer 2015, Page 1-417

The problem of proving commercial obligations in Iraqi law A comparative study

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 1-50
DOI: 10.37651/aujlps.2015.132407

Considering that Commercial obligations are characterized by some Features which are different from those featuring civil obligations ,therefore ,some special rules have been put forward to prove the commercial obligations ,and these rules of evidence are different from their counterparts specialized in proving civil obligations, and this represent the way on which the laws of evidence in both the Arab and foreign state march whereas, the Iraqi legislator has taken a different direction in the Iraqi law of evidence NO 107 in 1979 and this direction was realized by the equalization between both the civil and commercial types of evidence ,and subjected them to unified legal rules of evidence of ,but this matter of equalization has led to a long –standing problem which has not been yet solved.

الاستحسان وصلته بسلطة القضاء فی تعدیل الالتزامات التعاقدیة

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 51-75
DOI: 10.37651/aujlps.2015.132408

Approbation is a mental elegance process aiming at exempting a partial matter from comprehensive judgment or a public rule justified by a favorable interest, applying this concept raised discussions and arguments among fundamental scientists of Islamic jurisprudence. Some would consider it as a reliable mental dependent source. Others would consider it as a not serious source and an excuse to evade from the rules of the legitimate texts, Here, is an attempt to authenticate this legitimate evidence and expose its disciplines and limitations, Also, it shows samples of its implementations in the Islamic jurisprudence, and it focuses on its strong relationship, particularly, the validity of jurisdiction in interference to amend the contractual obligations. This aims at existing public rules governing contracts’ rules, the most important being the rule of (a contract is the law of the contracting parties).

Looks at the electronic signature law And Iraqi electronic transactions

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 76-103
DOI: 10.37651/aujlps.2015.132409

Iraqi legislator has issued the Act No. 87 (2102) concerning the Electronic Signature and Electronic Transactions to keep pace with progress in the field of information technology. In order to analyze the general principles of this Act, We tackled four major issues of this Act: First: the general trend of the organization of the Act. Second: the scope of application of the Act an. Third: the conclusion of the electronic contract. Fourth: Authentication of electronic documents.
The research shows some organizational deficiencies of these transactions by using comparative approach of similar legislations in some of Arab countries especially the Iraqi Act was the last one issued.

The extent to which the international judiciary monitors the constitutionality of UN resolutions (General Assembly and Security Council model)

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 104-137
DOI: 10.37651/aujlps.2015.132410

This research is interested in focusing on the extend of the ability of the international elimination in the control of UN resolution and recommendations and particularly those of the general assembly and the security council though the statement of the role of the international court of justice in the evaluation of the international elimination decisions and supervision on it and clarify the extend constitutionality of the charter of UN which consider the global constitution of rights and freedoms , All of this has been through legal comparison by reference to advisory opinions issued by the court in this regard.
As well as focus on practical applications which explaining the role of the court in this affairs.
د. محمد خالد برع
جامعة الانبار
کلیة القانون والعلوم السیاسیة

The position of international law on parliamentary immunity (Study in the Iraqi Code of Criminal Procedure)

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 138-175
DOI: 10.37651/aujlps.2015.132411

The parliamentary immunity of the most important constitutional guarantees that are keen legislation, laws and regulations on the text, and the statement of its provisions as a guarantee of the work of parliaments guarantees. As the parliamentary immunity means the inadmissibility taking any criminal proceedings against a member of parliament only after the approval of its members except in the case of flagrante delicto. Whether by members of parliament to lift the immunity of MP or not, it does not mean regarded as criminals or innocent, this it is up to the judiciary.

Building and intellectual building materials in Arab countries

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 176-195
DOI: 10.37651/aujlps.2015.132442

The intellectual and renaissance construction in the contemporary Arab societies must have some basic requirements that are necessary for any renaissance and available all the time. These requirements represent a fundamental pillar of renaissance which include intellectual awareness and economic reform as well as the reform of religious thought. Individual/ citizen or majority of the people when have an enough level of political though awareness that appears in forms of freedom, equality, democracy, tolerance and peaceful coexistence in the society, the environment of creativity in all fields would be available in the society.

Euthanasia in the medical perspective and positive law

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 196-215
DOI: 10.37651/aujlps.2015.132443

Human life may pass through a difficult circumstance when human is infected by dilemma disease Get to a state of helplessness or hopelessness of healing, he wish the shortened of his days in order to ease the pains to put an end to his life either suicide or medical assistance This fact raise the issue of euthanasia, which has become one of the contentious issues in the world in terms of legitimacy and an attempt to justify morally, religiously and legally. They issue considered by the courts of the world through the hundreds of cases There are those who demanded the authorities permissiveness and there are those who opposed it strongly, we find that some countries such as the Netherlands and Belgium approved this act and identified the conditions necessary for it on the basis of arguments and flimsy them emitter pity that justifies murder, although this act raises criminal liability for those who committed intentionally, even if they provide satisfaction of the victim it However, in the case of whether treatment was stopped or Artificial resuscitation equipment after making sure that the medical treatment does not have any utility in improving his health, but cause him additional pains, also if his death

Expression of will in electronic consumption contract (comparative study)

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 216-241
DOI: 10.37651/aujlps.2015.132444

Contracted through the Internet is becoming the best way and the fastest in the completion of the transactions, and access to services.
this contract has the pillars of the most important satisfaction, a contract to be right in the order should both parties expressed satisfaction at the conclusion of this contract, if the satisfaction nonexistent consequent the invalidity of the contract, and if it is defective, it was voidable contract.
ways to express their will in the electronic consumer contracts for different ways of expression in traditional contracts, if one of the parties wanted to express his will, he uses the means of expression and electronic of e-mail or Web site, or through chat programs over the Internet, and also due to its consumption contract of privacy, the consumer has the right of return for granting protection to the satisfaction contract

Federalism in Iraq: A Vision and Proposals

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 242-275
DOI: 10.37651/aujlps.2015.132445

یبلغ مجموع اعضاء الامم المتحدة حالیا ٣٩١ دولة، وقد توصلت وحدات منفصلة سابقا، وبفعل الروابط
المشترکة بینها الى قرار الانضمام معا فی اتحاد فدرالی، کما تم تبنی الفدرالیة فی مناطق شهدت صراعات سابقة،
وذلک کحل فی اعقاب النزاع المسلح .
ولا یوجد نظام فدرالی واحد یمکن تطبیقه فی جمیع الانظمة السیاسیة حتى وان تشابهت مؤسساتها او
مشکلاتها ،غیر انه یمکن الاستفادة من حالات نجاح تطبیق الانظمة الفدرالیة، او فشلها فی ایجاد نظام فدرالی
یلائم طبیعة وواقع کل دولة ومجتمع ومع تزاید اهمیة الفدرالیة ،واقرارها دستوریا فی العراق فان هذه الدراسة

Administrative investigation (importance and basis)

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 276-297
DOI: 10.37651/aujlps.2015.132446

The admin investigation acts or represent more important in dynamic of polices responsibility admin . This priority or importance found his trace with the clerk who preparation the chine to him through the investigation during improvement his incenses and removed the doubts around him.
The mongered through the investigation able to search about the froth. In order to cornea the decision in guilty curacies based to clear in formation not for mere prediction.
To retrausfene the clerk to the investigation goner to repaint genera spats in clear way through affection about the activities of clear as punished . and this lead to non reactive the spent of clerk. Essentuny the investigation has required move importance so that must about as looking for foundation important of investigation.

The Sino-Japanese dispute over the Diaoyu Islands / Sinakaku

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 298-325
DOI: 10.37651/aujlps.2015.132447

Sovereignty dispute between China and Japan over the Diaoyu / Senkaku diaoyu / senkaku Islands Bdilalh cast on a two-state relationships to each other, as their dispute regarding the ownership of these islands cause, as well as their understanding of the economic and security interests associated with them, more tension in the East China Sea. The research on the premise that (the sharp difference in visions between China and Japan on the issue of sovereignty over the Diaoyu / Senkaku Islands, led to the repercussions and effects in terms of relations between the two countries on security and defense policies of the two). In order to answer the research hypothesis. It was divided into, introduction and three sections and a conclusion

The international roles of the major powers towards the Syrian crisis

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 326-355
DOI: 10.37651/aujlps.2015.132448

The nature of contemporary at international relations turned to a non-zero game between the central powers in the contemporary international system, where the spins interact on the basis of recognition of conflicting interests on the one hand and common interests on the other hand in the Middle East General and the Arab region in particular, after becoming the Arab regimes at the expiry phase which came after the Tunisian revolution, and which is designated as the spark to these crises and the Arab revolutions.

Obstacles of foreign direct investment in Iraq

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 356-379
DOI: 10.37651/aujlps.2015.132449

FDI from the most important financial means of most countries, and especially those that have the raw materials considered but not possess modern technology to exploit them, since investment has become a significant role in the economic life of Iraq has worked to attract foreign investment through the creation of the security and political conditions and the provision of facilities and tax breaks, and work hard and Aldab to reduce the obstacles and keep up with developments in the field of foreign investment, especially in the areas of technological developments such as arbitration-mail through legislation Alastosmaralaraca Law No. (13) for the year 2006 .

Administrative custom

Journal of Anbar University for Law and Political Sciences, 2015, Volume 5, Issue 1, Pages 380-417
DOI: 10.37651/aujlps.2015.132450

This study examines that the administrative custom is considered as a one source of administrative law, especially where the rules arising from the custom find its origin in habits have exercised before the administrative organs with regular and frequent practice for a long time. Exercising these habits by this way leads to believe that these habits have become binding rules whose breach give rise to punishment.