Volume 2, Issue 3, Autumn 2010, Page 6-239


Civil liability in the light of environmental texts civil and environmental legislation

abass ali mohammed

Risalat al-huquq Journal, 2010, Volume 2, Issue 3, Pages 6-59

The civil liability on the environmental damages considers as one of important subjects of the civil law since the dangers that threatening the environment have developed and takes different complicated styles and shapes which under traditional ways their victims could not easily facing and avoiding them which makes the efforts of legislatures to be concentrated to develop the civil liability bases, in particular, its definition, legal bases and related rules.
The need to this research comes to clarify the problems of how to find developed rules of this liability. The research has treated the subject in three chapters, the chapter one has determined the concept of the civil environmental liability, in chapter two the principals of liability have been discussed and the decrees have been reviewed in chapter three,finally،the results and conclusions of the research have been installed.

Open grave as a matter of investigation in the Code of Iraqi penal Majakmat No. (23) for the year 1971, as amended (comparative study)

dhiy abd alla

Risalat al-huquq Journal, 2010, Volume 2, Issue 3, Pages 60-81

Of the judicial proceeding that could beused by the investigating authority to open the grave for the detection of the body,preview, and stand on the truth in any of the issues,or for other purposes according to the investigation , this procedure done by the authorities specified in the code of criminal procedure , theinvestigation judge exclusively , which could bring the action himself , or assume the presence of some groups that are directly related to that topic like adoctor justice , and the taker and the victim with it .
In order to shed light on this procedure and its provisions and how to manage it in the code of criminal procedure , and we found it necessary to mention him in our .

Legal regulation for the election of members of the provincial councils in Iraq ((comparative study))

yaser etewi abod

Risalat al-huquq Journal, 2010, Volume 2, Issue 3, Pages 82-126

Election is the best way ever to choose the people's representatives in legislative bodies, whatever the political system adopted by the State, a Republican or a monarchy, a presidential or parliamentary, or mixed. Iraq is one of the countries that have established a democratic system which is based on the principle of peaceful transfer of power, that the principle affirmed by the Constitution of the Republic of Iraq for the year (2005), came to express provisions providing for the mechanism that must be taken into account to achieve the said principle, both in terms of selection of members of the legislative body Federal Council (Parliament) or local bodies (councils of the provinces and districts, counties) Aoalheiip executive, and the provincial councils election law, districts and areas No. (36) for the year (2008) was also confirmed that principle, when he set the term of membership in the councils four years.The problem of the search, mainly reflected the presence of many gaps that have occurred in such legislation, trying to diagnose and give appropriate proposals towards them
The methodology of research, our study will be analysis of the texts of the Iraqi legislature enhanced some of the decisions issued by the Federal Supreme Court, and compare it with the laws of some other countries, the Egyptian legislation, such as the exercise of political rights number (73) for the year 1956, and Regulations for the Law on Exercising Political Rights and the Law of Nationality No. (26) for the year 1975, the Law Council Aalcab No. (38) for the year 1972 As for Lebanon, we adopted the election law, the Chamber of Deputies (25) for the year 2008, and adopted the election law the French No. (130) for the year 1975.
The study has compelled us to divide the research plan into four sections, we turn to in the first section the nature of election and Snksmh two requirements, a provision of first demand to discuss the issue of what the concept of election, with allocated the second to study the historical development of the election, while the second section we will look where procedures prior to election day and in three demands, the first devoted to the study phase for both parties to the election.

Failure to ensure that the Secretary base in Islamic jurisprudence

deal shemran hamed

Risalat al-huquq Journal, 2010, Volume 2, Issue 3, Pages 127-139

rule is fail uretoensure that the secretary , is one of the rules of jurisprudence known in Islamic jurisprudence, given the importance of this rule because of the conclusion of many contracts that are the hands of the person is a trust, as is the case in the mortgage contracts and bare and deposit and rent in ambition to what arises as the base of the important questions to be answered after the views of Muslim jurists in every issue , and a statement of opinion most correct of these views with the reason for kicks, and the purpose of discussing this subject should be of the statement of the concept of the secretariat's Lloyd warranty and statement of reasons and evidence of failure to ensure that the secretary and the rule that compromised the credibility of the ad hoc in addition to the need to refer to the validity of included for a coup or the hand of a trust into the hands of warranty or include the requirement or included through the allocation of a failure to ensure that the secretary and for the consideration of the decisions above , we will divide this topic into two sections , the first section , we show the perceptions of a lack of security of the secretary , while the second section we shall show the validity of the secretary to include in Islamic jurisprudence .

Legal Study damage resulting from cell phone towers

asad fadel

Risalat al-huquq Journal, 2010, Volume 2, Issue 3, Pages 140-153

Prevented the laws, and improve the environment activity and emitting electromagnetic radiation emitted from the primary and secondary towers for mobile phones in order to protect human, animal and plant and other elements of the environment from the effects Albailogip non-ionizing radiation. Today spread on the roofs of buildings downtown, a mobile phone towers cause any harm caused to mankind without any oversight or legal accountability.

Criminal protection for e-mail ((comparative study))

adei gaber hade

Risalat al-huquq Journal, 2010, Volume 2, Issue 3, Pages 154-179

There is no doubt that the evolution in the world of computers and the Internet offset negative aspects of multiple Perhaps most important of these negatives are the crimes committed via the Internet. The Internet contains a lot of services, including e-mail and the last service was instrumental in the commission of many crimes, including the human touch in his private life and some human touch in his honor, including the affecting rights in property. These crimes are often "there are no sanctions in the laws of the States because of the novelty of these crimes by analogy" with the penal laws in the countries where some of these laws are old no precedent for the emergence of the Internet and some laws, a recent publication, but did not address these crimes could be argued that the penal laws of Arab - including the Iraqi penal code - is an example of "clear" the laws did not address cyber crime.
That crimes committed by multiple e-mail In order to take these crimes and how to put the laws of treatment for these crimes we decided to divide the search to two sections, first we dealt with the nature of e-mail has been divided into four demands of the first we discussed the definition of e-mail and the second Chrisnah for the reasons driving to the commission of crimes email and third we dealt with the subjects of criminal protection for email and the fourth in which we highlighted the difficulties encountered in the criminal protection of email and the second section was dedicated tocrimesarisingfromtheuseofelectronicmail

IPO-mail E-IPO

rahem ebed atea

Risalat al-huquq Journal, 2010, Volume 2, Issue 3, Pages 195-212

Subscription mail from modern methods used in order to obtain the shares of companies is a Declaration of a willingness on the part of the subscriber to the purchase of shares in the company to contribute to the use of electronic means of communication with modern commitment to what was required of the partner obligations. It is in this sense is characterized by a set of characteristics is into account the legal act-mail can be done remotely, where not determined in a particular place as it is characterized by easily done, it does not need a procedure may be as long as is the case in a subscriptiontonormal.And must offer a range of general and special conditions for having they include the general conditions it must meet the conditions necessary for all legal acts of satisfaction and place and why and also"must be serious,"and a commentator on the condition or plus"to the order must also be paid a percentage of not less than 25% of the nominal value of shares offered for subscription With these general conditions it is necessary to provide special conditions the advantage of which is that there is a computer(PC)linked to the Internet and also must have a bank authorized to underwrite a website of its own,must also"have subscribed to the electronic culture addition to that there must be an account that has an"open bank has authorized theOffer and finally"musthave subscribed to the e-mail And overcome the subscription contractual capacity, despite differences that have arisen in determining the legal nature is a contract between the subscriber and the founders prior to incorporation and after the configuration is a contract between the subscriber and the company is the offering, through a specific mechanism based on the identification of duties Almgayp the responsibility of the founders or the company such as preparing a statement of subscription-mail and identifying and creating Form Electronic IPO and duties of the casting with the subscriber from having to enter the location of bank authorized the Offer and doing data entry for this and then pay the value of the shares and duties Almgayp with the bank to complete the final image to subscribe to email and is represented in the Bank delivered reached the amount paid to the subscriber and the closure of subscription money and keeping subscribers and re-surplus money back to them and when thefailure of the IPO.

The implications of the motive, motive to contract

abd alla abd alamer taha

Risalat al-huquq Journal, 2010, Volume 2, Issue 3, Pages 213-225

What the motive is psychological self-related presence, OR LACK will, the will exists any motive and negating the will negated the motive that is, it exists in every reasonable person provides the conclusion of the contract specific effects of the motive here is not imposed on the existence or non-existence, but are imposed on the failure or illegality By this the other hand, in some cases can be corrected by the illicit motive without resorting to the full invalidity of the contract

Legal effect to the principle of constancy typing in determining the legitimacy of legal actions in the Iraqi law (comparative study)

ashwag abd al rasool

Risalat al-huquq Journal, 2010, Volume 2, Issue 3, Pages 226-239

The most precisely legal issue in all of modern act the act of proving, which is meaning the ways by it the owner proved his right, if he compel to the judge to receive his right from the party. The prove by the writing method have a high important in positive acts because of the legislator is to look at the origin and the base in prove, his proof is that hearsay evidence is a subject of week memory and imprecisely, always it's a target of favoritism, revenge and hush money. There is no adopt that writing evidence considered nowadays one of the most important evidence, this is showing by the act on it in all proving legation , and we did not find in any of the judgment of jurisprudent and judge judgment an opposite thought. The important of writing prove is that it can making it in the begging and because of that we can made the stability of the legal act. This way always an important method in the proving the suit m it may considered an legal evidence equal with the write evidence form the power that have in proving .