Volume 1, Issue 1, Spring 2009, Page 6-213


Protection of children during armed conflicts International

abd ali mohammed

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 6-22

Abstract

Children was the most people at risk during the international armed conflicts . Because they are never cooperate in the enemies operation.
So the international humanitarian law guarantied a special protection by Geneva four conventions in 1949 , and additional protocol in 1977 .
We suggested to discus this matter the suffering of the world from the armed conflicts and the children was the most part faced this risk .
We discuss this subject in two researches ; the first subject the historical development to protect children and define children concept in International Law .
And in second Subject we discuses the International Procedures to protect children during the armed conflicts .
At last we talking about children in Iraq and how to protect them and how to provide them with the necessary things to grow them . and also the results .

Legal aspects and the social dimensions of Mehr-denominated gold

hader hussen; macae abd majead

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 23-38

Abstract

The declines of the Iraqi Dinars value , after the Kuwaits events on 1990 , caused negative results on the Iraqi convention such as the increasing of the external absence divorce phenomenon which is usually done by the husband against his wife for a reason or none , because her postpone dowry was very low , particularly those dowries specified before 1990. So, this problem had to be settled in one way or another that led the Iraqi legislator to issue the decision no . 127 on 1999 which obliged the husband , in case of divorcing his wife , to pay the postponed dowry evaluated with gold at the time of divorce .
This decision supported women , even though it could not stop the phenomenon of divorce , but it was somehow limited it and led husbands to turn to courts in order to separate between them and their wives . That separation was submitted to the estimation authority of the judge himself.
In addition to the legal aspects of this decision , there are many other social and psychological ones in our society represented by the negative effects on the wifes psychology and the dowry evaluated with gold to the husband which might lead them to deviate and behave in criminal way which might be reflected upon the family and the society .

((Criminal liability for sports injuries in the Algerian legislation))

shewae bujamaa

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 39-49

Résumé:
La responsabilité pénale est l'une des responsabilités juridiques,elle est la conséquence de la violation à l'une des lois pénales,donc faire tomber une peine quelle que soit incarcération,amende ou les deux à la fois,c'est ce qui la particularise de la responsabilité civile qui est encore une deuxième catégorie de la responsabilité juridique qui en découd l'indemnité"dédommagement"comme une peine.
Tant que les jeux sportifs sont une manifestation sociale basée"fondée"sur le principe compétitif,cela pourrait entraîner des coups résultants des agressions ou de non- prudence à l'encontre des joueurs.
Faire tombé la responsabilité pénale sur les personnes auteurs de ces cas quelle soient personnelles ou dépendent d'autrui;entraîneurs ou spectateurs quel que soit le degré d'atteinte simple ou périlleux"dangereux"mais cela ne signifie point que la responsabilité doit être réduite a néant(inexistant).
Alors,elle suit la responsabilité pénale..
Abstract:
Criminal liability is a legal responsibility, it is the result of a violation of criminal laws, thus breaking down a sentence regardless of incarceration, fines or both, that's what particularize the liability is still a second category of legal liability that Seam allowance "compensation" as a punishment.
While sports games are a social event based "based" on the competitive principle, this could lead to strokes resulting from attacks or non-caution against the players.
Breaking criminal liability on people authors of these cases which are personal and depend on others, coaches or spectators regardless of the degree of impairment or simply dangerous "dangerous" but that does not mean that liability should be reduced has none (absent). Then, it follows the criminal responsibility.

((The legal system of the non-Agency isolate study analytical Taeselah comparative))

ali abd alalle

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 50-79

Abstract
Agency defines as a home to someone else, serves the same at the disposal of permissible known. One of the important developments that have been invented legal thinking, to avoid the presence of the client in person to the conclusion of legal transactions, to create legal effects produced by these actions. And at the same time has a way because the risky behaviors that entered into by the agent on behalf of the client and raised up and produces a thing of the latter. Therefore, the agency contracts will be the personal account of the personal agent and client to be irrelevant in the contract, also called decades of trust, must be available in this decade of mutual trust between the ends; and to protect plausibly assigned his deputy, and a supposed lack of commitment to the confidence and sincerity and honesty, give the client the right to dismiss the agent at any time without giving up the cause of this isolation, and passed to the agent that the agency is also retiring, and the victim of them refer to the other compensation if he has appropriate, but The evolution of social life, economic and legal, I hope to find an agency to which the client may not be isolated and his agent, attached to the right of the agent or to others this agency, except with the consent of the right of the Agency, after the agency was always scheduled for the benefit of the client only, and this is what justifies the right to isolate his deputy in any time, it was decided in the interests of others or the agent and client alike. and the emergence of these new interests to pay both the judiciary and jurisprudence to search for a new mechanism capable of providing effective protection to those interests, this research culminated with a new type of agency called a proxy of non-isolated;thenorganizedbythelegislation.

((The legality of pregnancy to the detriment of others and provisions in the law and Islamic law))

adnaan hasem; haider hassen; hassan mohammad

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 80-121

Abstract

Surrogate getational mother

The medical partieipate in the law fell feu . this matter greated the needing to legal studies for sake put the suitable judgment in any new problem apperead in this object .

We want in this study to treat the problem which appear in the medical working .

((The problem of the disputed territories under federal state: Kirkuk model))

yaser ateawy; samer maead

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 122-144

Abstract
The case of Kirkuk has attracted an importance specially when the past Iraqi regime collapsed.This importance has expanded in its boundaries to receive the faltering of historical congesting , the ethnic plurality and the conflicting of the political and strategic interests in this rich area according to its petrolic providing and its geo- strategic position.
The problem of this research is coming from entering the case of Kirkuk a difficult rounding due to strategic conflict among the interests of many internal and external powers with out any constitutional or legal cover which could prevent like this conflict;therefore this case has became the most complicated question in present Iraq.
The purpose of research is:((There is a chance for resolving the Kirkuk crisis,if there are a sincere national intending,mutual trust, the guarantee of national conformity, and depending on the peaceful dialog with regarding the constitution after reviewing of its articles))
The researcher has used the tools of systemic analytical approach beside the hypothetic scenes approach in order to get his aim .
In this context , we have divided the research into three parts :The first one dealt with the causes of Kirkuk crisis within its historical, geo-strategic, and ethnic dimensions .
The second part has investigated the conflict of strategic interest and the dispute according the constitution and the political fact .

((Droit de suite in artistic works)) (comparative study)

abd almehde kadem

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 145-161

The right of prosecution in the artistic compilations is a financial right for the author ,which isn’t disposable by others (other than the author or by his authorization )and this right authorizes its owner to pursue the exploiting of his original artistic compilation relating to the drawing and plastic art ,beside this right authorizes its owner to get the percentage determined by the law from the price of the compilation when it is sold in the auction or by authorized trader . despite the right of prosecution relates to the rights in rem , but some laws of some countries , which regulates the authors right , granted him the right to pursue the exploiting the sales occurring to his compilation relating to the works of drawing and plastic art, all the sake of recovering the unjustice which occurs to the artists who dispose their artistic works cheaply under the pressure of need and bad conditions of the life and this artistic works may become very valuable then those artists may be deprived of the fortunes resulting from their artistic compilations , so the justice requires that the author must be allowed to contribute in acquiring the fortunes resulting from his artistic compilations by putting the suitable legislation for this purpose .

((Streptococcus responsibility for travel and tourism companies in the flight contract))

ali hamed

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 162-175

Abstract
The importance of a journey appears in the field of tourism being concluded between tourism companies and tourists and which determined the rights and obligations of the parties , the tourism companies commit to provide various services to tourists, making this contract is characterized by special characteristics not available in other contracts.
A trip provides warranties for both parties, in particular the tourist who is at the center of the consumer towards tourism companies that are in the vocational center, as the company's liability in these contracts is no longer the responsibility imposed often prove why a foreigner who breaks the causal link.
This contract explained to us that it may be implemented either by the company itself or by others who have entrusted them with the company's implementation of this contract.
The company's liability has been raised for the damage caused by the tourist damage or loss of luggage, either during transport or accommodation.
The injured party can lay claim to claiming compensation before the courts, that this right expires over three years from the day that he knew about the injury occurrence and the committed party , and right falls in any case by the passage of fifteen years from the day of the damage done.

((Moral right of the author and legal protection))

meathaq taleb

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 176-191

Abstract
The right of author on the classifier represented By two types of the first is the literary right or moral right and the other is the financial right ,The moral right is consider from the tethered rights with the authors personality which is bear all idea, it’s the mirror to the author's person. the fikh is differ in the definition of the moral right of the author, but we can define it as: the rights and abidance which is belong to the classifier which is labial or visual or solely idea not complete crystal to agglomerate, but it's found proof of foundation to enable comate of it to exercise all the dout which distinct, We notes there are difference between moral rights and some personality right as right in dignity or honor and right in the consideration and specialty .the moral rights recognized with properties as dual natural(moral and financial). the moral right is from the rights special with the personality, its abiding Right and not temporary and unable to deal with it and its not submit to the prescription .the Iraqi law insured protection the moral right in two paragraph criminal and civilization ,the author right. in state of the aggressor on the classifier is postulation with compensation from the hurt. the law punished in state of aggression on the moral right of the author with prison length not to be less than(five years) and not to be mor than (ten years) with forfeit not to be less than (100 million dinar Iraqi) and not to be more than(200 million dinar Iraqi)or by on .

((Time holding participate (Timeshare)))

ashraq sabbah

Risalat al-huquq Journal, 2009, Volume 1, Issue 1, Pages 192-213

Time share industry is very progressing sector in the tourism industry.it has reached 15%as an average of annual growth since 1985.as timeshare is avary successful activity it has attracted most of the tourism sectors to participate in.the privilege of having anew revenue stream was one of the main reasons to get in to this business..yet the industry has avery poor image .this is due to the non-ethical approach and practices of the marketing companies.it refers also to the unducated buyers and the lack of the product awareness the presence of astrong legal structure to protect the consumers is also of great importance to overcome the product weakness. The time share industry is facing many problems so it is essential to identify these problems.this descriptive study is concerned to give an industry review.tohighlight the main Recent development in the industry and to determine solution for problems facing the industry . the study applies both dest and field research in other to fulfill its objectives .finally the study will end up with conclusions and recommendations.