Volume 1, Issue 2, Autumn 2009, Page 6-238

Fit the authority of the Head of State with responsibility in the Iraqi Constitution) a comparative study)

ali yasaaf

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 6-45

Its happen in all the world constitutions which is the most developed the presidedent responsible for the specific crime ,and its noticed that Arab countries constitutions (accept the iraqi and lebanese), the monarchy and the republic , the parliament and the privet give the president a lot of legislative and executive authorities which is considered important in the ordinary and extraordinary times ; and its try to not hold him accountable either because there is no written paragraph in the constitution , or because him responsible about acrime which was and still make debate between the constitutional scientist of its definitions , essences and its natures , because its executively unorganized( the big treason)To guarantee the presidential balance performance therefore it has to be actual organized constitutional to the president responsibilities and the crimes that it happened . So it is not strange that the president becomes dictator , or he misapplies his authorities if the constitution not holds him accountable , especially if the constitution gives him maximum power .

The legal framework for the transfer and cultivation of human organs in Iraq

ali hamza asal

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 46-73


I registered the transfer of human organ a major shift in the field of modern medicine, where it became a big role in saving the lives of many patients threatened their lives at risk.
But this issue many of the problems between the men receiving inquiries and law, medicine and the clergy. Hence the interest in this topic, especially in Iraq, which had addressed some of accuracy and comprehensiveness, but the laws were inadequate and unable to cure many of the medical business internationally successful and Ariea.
So we dealt with this issue through three sections. I was devoted to study the nature of human organs removable and transplantation and the most important sources. The second Fbhna the behavior in the human body. And the third was allocated to the position of that man-made laws. Then ended the conclusion we dealt with our most important findings and recommendations and proposed bill on human organ

Violence in Iraq

hassan ali kathem

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 74-88

Violence leads to serious consequences, is to undermine the infrastructure of Iraq and the depletion and destruction. Authorized to be overcome violence in a rational, supports reading realism stemming from self-criticism and not to hold the major powers full responsibility for what happened, we justify this violence is taking place and absolve the responsibility of his supporters, so they have to absolutely condemn the violence, because we could burn, just burn up before the others.

Constitutional organization of the responsibility of the President of the Republic before the Federal Supreme Court (comparative study)

yaser ateawy abod

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 89-115

After the referendum on the Constitution of the Republic of Iraq for the year (2005), this Constitution tried to create a democratic system to achieve under which the responsibility of bodies of authority in general and the executive branch in particular, of specifically the president, although the constitution has taken Milestones parliamentary system in which the powers of the President limited, however, a constitution is adopted that responsibility for the acts specified by the Constitution, which is located in the exercise of its functions, where they are prosecuted before the competent entrusted to the Constitution the jurisdiction of prosecution on the charges against him in this regard in accordance with procedures defined in the Constitution, and here will feel the president that is surrounded by responsibility and that it does not really self in office and exercising the powers, there is also the president before (9/4/2003) that person's protected rights for any responsibility, despite to his enormous responsibilities, as is defined in the democratic systems that power and responsibility go hand in hand to the other, there is no authority without responsibility, and no responsibility without authority, and therefore find some parliamentary systems of States, for example (England) makes the king is inviolable and is not responsible as long as he shall not have powers that are vested in the Prime Minister.

Auditor in business

ali fawze ebrahem

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 116-127


The statutory organization of the auditor in the private companies

the opinion of this subject can be summaries. as each share holders has the right to supervise the management work of the company by testing the accounts and reviewing the books and register’s of the company to be sure of the satiety of it’s position and management
the assay wall treated the concept of the auditor the legal nature of him and the liability impose to him these feature can be classified in to three
finally we can reach to the direction of the Iraqi legislation which refer to the auditor as agent of the the company.

Problems paternity in Tyre and hypotheses artificial insemination comparative study in law and Islamic law

haider hassen kadem

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 128-166

The means of artificial insemination were event and still several Islamic ,legal and social problems in a relationship of baby from the parties of artificial insemination .there are deference between Islamic and legal jurisprudence for artificial insemination.althouth there are agreement that artifical insemination in during of marrige is legal and a relationship of baby is evidence from the father and mother .but this means is took part after the death or devorce of husband does a relationship of baby is evidence ? and all jurisprudence are agreement on prevent of ar tifical insemination unmarried but they were divide in several opinions to relationship of baby ,some of them regarded the commissiong father is the father and others regarded the baby has not father and others arranged government of adopted . but the deference between them was committee in artifical insemination by womb has to woman ,the commissioning father of baby at some jurisprudence or the husband of commissioning mother is the father at other or husband of womb leasing is father and the deference about the mother of baby. Some of them regarded the commissioning mother is mother ,other regarded the womb leasing is the mother and others regarded the both are the mother . but if the womb is an animal ,a father of baby is commissioning father and commissioning mother is mother and the same like in artificial womb.

Ensure mortgagee mortgaged for money (comparative study) in Islamic jurisprudence and law

aeqel majed; adel shemran

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 167-183

The purpose of creating the right mortgage money pledged, is to ensure the fulfillment of religion Altertb by the debtor the moment, as that the purpose of mortgage is Aalostithaq religion to reach it meets the price of the mortgaged if the estimated met in custody now, for the purpose of this is intended to be the commitment of the parties to the mortgage contract obligations under their contract, and the most important commitments is the responsibility of the pledge creditor, is a commitment to maintaining pledged and guaranteed in the case of mortality, and the purpose of discussing the commitment of the mortgagee to ensure encumbered and the extent of its commitment to security in Islamic jurisprudence and law, and the basis of this commitment and the conditions and the possibility of bonded phase from this obligation, and the provisions contained in the case of investigating the responsility of the mortgagee to get rid of for the loss of encumbered, we have to divide this topic into three sections, dealing first section, the position of Islamic jurisprudence to ensure the mortgagee of the money pledged, while we will devote the second section to the position of law, either Section lll Snchrish to reflect the provisions of the mortgagee to ensure that money pledged in Islamic jurisprudence and law .

Implementation of the rule cancellation of the Administrative Justice (comparative study)

alaa abrahem mahmod

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 184-211

Cancellation claim mostly ended by issuance of judicial ruling often benefit the abolition of on administrative decision contrary to law , and then start anew phase is the implementation phase of the rule of cancellation , the administrative body is committed to take specific actions to ensure the implementation of the judicial ruling The most important of which is the publication of an administrative decision instead of an eliminated one , the management is committed to bring the claim to what it was before the issuance of the decision by retroactive effect.
A theological controversy in the framework of commitment of the management in the implementation and whether it has a nature revealing only the non-legitimacy that accompanied the decision from the day of its issuance or it has a creator effect ,thus the rule of cancellation creates anew legal status since its release .
The responsibility of the management and the employee that responsible for implementation in case of refusal from implementation of the rule of cancellation and in case of inaction or slowdown it is possible to move a criminal claim against him under the provision of article 329 of the Iraqi penal code , and its possible to raise his disciplinary responsibility from the department side itself , as result its possible to punish him in disciplinarian way for the breach of his duties .
Also it is possible to raise the management responsibility for the delay in the implementation of the cancellation rule and moving claim against them in front of administrative judiciary for asking a compensation also the administrative judiciary can be judged in addition to the compensation by canceling the negative administrative decision that result from the refusal as well as a fine for each day when the administration does not comply with the rule of law and justice .

Responsibility of the contractor for the defective implementation of the commitment in the Contract

meathaq taleb arkan

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 212-224

The holding of entrepreneurship consensual held Bmejrdttabq offer and acceptance, and accommodation is on two things are the work to be accomplished by the contractor and pay the pledge by the employer rests with the professionals who take up the construction architect special responsibility Indmh civil law known as the decimal or liability of legal security is determined by the number of security Inter alia, the existence of a contract of entrepreneurship and the work isThe work entrusted to the engineer or contractor is to establish a fixed and that the responsibility of the contractor to Atnhi longer fully recognized either before the relationship is subject to the contractor or engineer the general rules of contractual responsibility and commitment to the implementation of the contractor's obligation to deliver the agreed date is an obligation of result and not an obligation to make attention may be delayed execution of the contract for reasons of common between the parties to the contract when the employer contributes to the contractor in the event the delay was a successor owner of the property to fulfill its commitment to financial receivables for the contractor in time and fail to return the contractor for implementation without any protest issued from him a written as well as important things that are the responsibility of the contractor Mswlith all the people who are entitled to be present in the work area and commitment to safety should be limited to cases in which the contractor entrusted with the other person to the contractor as the contract of carriage and thus the responsibility of

U.S. presidential system (Barack Obama's administration model)

karaar abass metib

Risalat al-huquq Journal, 2009, Volume 1, Issue 2, Pages 225-238

The presidential system the American democratic political systems function, since this system has a direct effect and automatically the rest of the political regimes and democracy, especially, it seemed the powers of the executive branch, represented by its chairperson and the name of infectious or secretariat, which represents a higher authority assume the legitimacy of traditional dance, both directly and through the legislative power of (b Congress) and the two-council (Senate - House of Representatives) and for the two chambers of the great importance of this system, decisions and laws that reflected the essence of this system . And study completed this system will display a token (Administration of Barrack Obama as a Model ) to be a clear picture of the system, Vdrastp, knowledge, and as explained researcher in his research are capable of any person interested and aspire to learn and examine the system to see the direct impact of this system and its introduction, but the researcher did not explain the influence of his research, but the knowledge and study of this system, after describing and analyzing as the researcher believes can do so to influence for introduction.