Volume 3, Issue 3, Autumn 2011, Page 6-214


The legal value of the terms of legislative stability (comparative study)

dark kadm ajel

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 6-18

The researcher has slelected the legislative guarantees given to the foreign investors as the subjectmatter for this research , owing to its paramount importance to bring the foreign capitals ,and to achieve the balance in regulating the relation between the foreign investors and the contracting states.
The research has highlighted very important issue with very legal and pratical importance the legal value for these gaurantees ,which has not been paid suitable emphasis by legal researchers. The rearch has adopted a new research plan, and new solution ,suggesting new legal solutions for the thorny problems stirred up by this subject.

Replace guardianship administrative authorities and the legal basis for independence in the Algerian legislation

hason mohammed ali

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 18-23

Under a system of administrative decentralization, the decentralized administrative bodies share the central authorities certain powers which are conferred by law. Decentralized administrative bodies shall enjoy functional autonomy from the central authority in order to preserve the principle of legality of these organs, and become, well, subject to the supervisory authority.
This study aimed to identify the decentralized administrative bodies, subject to administrative supervision, and know the method of its creation and operation including Algerian law?
The study also aims to identify the legal principle of functional autonomy sub report to the central authority, and share some of his terms of his skills?
It also aims to reveal the success of Algerian legislature to introduce the idea of democracy based on elections in the administrative affairs of the decentralized bodies

Legal system to discipline students in institutions of higher education in Iraq

alla ebrahim mahmmod; dhiy abd-alla aboud

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 43-69

Abstract :-
mnesty as a cause of the expiration of the criminal case
Go through several stages of the criminal case, even expire for any reason, and reasons that lead to the expiration of the criminal case law was issued a general amnesty or a pardon private, and in any of its phases (preliminary investigation, judicial investigation, trial, appeal the sentence, the sentence), This was confirmed by the general legal provisions contained in the Iraqi Penal Code No. (111) for the year 1969, as amended, and the Code of Criminal Procedure No. (23) for the year 1971, as amended, in addition to what comes by the law of amnesty provisions of the show effect in terms of persons and acts, and the implications of issued on the criminal and civil suits.Is to resort to pardon, for reasons and justifications for many vary according to type of amnesty, Valafo year, the reason the public to the expiration of the criminal case, issued by a law of the legislature, for reasons related to the situation of the country's security, economic, social and political, as well as policy requires criminal in some cases resort to the issuance of such a law on the grounds that the main objective of that policy to achieve security and stability in society, and may be issued for reasons and goals of personality related to the ruling regime in the state, especially if the regime is authoritarian authoritarian, and there is no parliament or legislative authority effective, but merely a council of my photos or formality , and the pardon releasing the decision of the President (the Presidency, former), at the suggestion of the Prime Minister on the issue or issues, or the accused or condemned to a specific, with the need to take into account the exceptions contained in the Constitution regarding the right to private, sentenced for the crimes international terrorism and the administrative and financial corruption. The scent of great importance, because the political criminal of the state in some cases require the cessation of legal proceedings against persons accused of crimes in general, or of a particular kind, or governed by, which requires a legal mechanism by which to achieve this, the issuance of the amnesty law.

Dual nationality in the light of the provisions of the Iraqi constitution and the new nationality law and comparative law (comparative analysis)

hasan al-uaseri

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 70-103

the research highlights an important issue relating to is important, what matters is citizenship, and their known as become a manifestation of State sovereignty, which is determined by national and foreign, distinguished from the rights and obligations. The important issue is the question of dual nationality, this issue has become a phenomenon at the same time, it notes that international treaties and conventions, and with domestic legislation, as well as scholarly efforts, has sought to find effective means to address this problem, or at least try to reduce the ghloaeha, the international community has seen with suspicion and concern about this phenomenon. Solely because it has caused some problems for the State and the individual, both together. Accordingly be useful to study this phenomenon to learn causes, and ways to address them, and how to address problems arising therefrom, and this throws the search mechanism.

Custom and its role in the development of the Islamic ruling

essra fahmi naji

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 103-128

Abstract:-
The research problem, in fact focused on the issue as a practice issue in the science of jurisprudence which several source revealed to the rule of legitimate when the legislative vacuum and the consequent equated in terms of authentic evidence of the original sentences, or account of the issues small being owing to him in showing concepts. And the need for the court to in the conflicts and therefore not considered the issues of fundamentalism.
Note that these paragraphs will be discussed within the research plan designed to offer a systematic analytical jurisprudence and weighted. And within four Investigations aimed at the first part, the statement of the concept of custom in terms of definition and statement types, in the two demands, and then distinguish which suspected him of the terms and the consequences to each of the provisions in the Study of a second, while the third section we offer it to the authority practice within the demands of the first deals with Bhadjith Sayers and Sayers addresses the second requirement not authoritative. The question in the fourth Fsn_khass to the scope of practice and working conditions in the two demands. Topic and then finishes with the most important conclusion we point out the conclusions and proposals that we see fit in this regard .

Sanctions in the insurance contract - a comparative study -

akel majed khadm

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 128-152

Abstract:-
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 .

Interpretation of the party's interest doubt Almzan

mohammed abd- allrasak mohammed

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 152-163

Abstract :-

As for the contracts of adhesion of the spread at the present time Mmta led to the Alassat large and Tkaddo essential Services and vital for all people every other by directing the offer to everyone , who has not accepted the debate in which a result the person is forced contractor Maha to bow to the conditions imposed by this Alossh leading legislator Hola people, contractors Amoossh with this through the organization of some adhesion contracts also exist .

General principles of multiple citizenship in comparative law and Iraqi law

akel kareen

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 163-178

Abstract:-
This study addresses the problem of multiple nationality in the light of the Iraqi and comparative laws. In the light of comparative discussed this phenomenon as a phenomenon of anomalous and palatable in working life and is against the principles of international law and the ideals in the topic of nationality of the individual should have only one nationality.
In the light of Iraqi law we discussed possible situations in which that phenomenon arises under pluralism Iraqi nationality Act No. 43 of 1963 repealed, under the new Iraqi nationality Act No. 26 of 2006 in force.
This study focused on the examination of the causes of the phenomenon of multiple nationality and jurisprudential and legislative means, which tried to reduce them. Which arise on the phenomenon of polygamy, many problems either for the individual or for the State.
The study found a set of conclusions, including:-
It is difficult or impossible to avoid the phenomenon of polygamy under the current situation of international law. Because of its individual States extensive freedom in organizing their nationality in a manner deemed consistent with the interests of political, economic, social, and depending on the findings provided a set of recommendations.

The legal effects of the deposit religion comparative research to Islamic law

moustafa majed abd alljalel

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 178-189

Abstract:-
The research is entitled ( The Consequences of Depositing Debt ) : ( A Comparative Research ) .The researcher has tackled the consequences of the debtor's depositing of the debt as a result of the debtor's refrain from having his debts received without justifications . These consequences are represented by the debtor's responsibility to pay the expenses of deposit , and the responsibility of the debtor for the item's perish which has been paied on the debtor's responsibility , and obliging this debtor to compensate the debted for the damage resulting from this payment , in addition to the cessation of profits obtained from deposited fiscal debts .
The researcher has relied on a comparative study between civil law and Islamic law ( figh ) , also the view of some civil legislations and jurisdictional sentences have been taken into consideration .
The research is divided into two sections , the first deals with the consequences related to the expenses of deposit and the perishing of items . section two deals with the consequences related to compensation and profits , the research is concluded with a list of conclusions and recommendations .

Conflict of laws in matters of physical money (comparative study)

saleh mahdi kahed

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 190-203

Abstract:-
The legal and the economic relations have not any longer become the central part in the territory of a single state and be characterized with what it is characterized with of a complexity for nation and individuals resort to within the frame of practicing its commercial and economic activity to some legal proceedings which entail legal rights for its parties let alone that such proceedings create significant impacts in international relations due to how the foreign element marks the application of the local law futile in every respect , Despite the theoretical importance of the law limitation topic which must be applied to contractual relations.
The study tackles the issue of law conflict in terms of cash with all the related vestiges . The study discuses this subject within the scope of tow section ; the first deals with the law enforcement on real estate and the most important challenges that face the rule of applying the location law. The second section is allocated to the study of the ruling law of the mobile material wherein the jurisprudential approaches that adopted the outlining of that prerequisite law and the outlining of the scope of its application.

Voluntary change to the conditions of attribution and choice of applicable law.

hend mohanued abd

Risalat al-huquq Journal, 2011, Volume 3, Issue 3, Pages 204-214

Abstract :-
From this researches become clear the problem of the Voluntary change of criterions choice and the choice of the applicable law within the general problem in privet international law . this problem considered one of the most complex and lawful problems that faced the courts and judges which is considered old historically but it's rising as a special dimensions theory does not consider because it is a new one that emerged by the Germanic jurists in their work and researches to know deeply the essence of this problem and it is concept and to explain it from all sides we dealt in a preparatory . the definition and the modern methods the were followed to solve it. The connection of this research with the theory of the primary issues and the conflict of laws theory, so we must have a brief representation. Another point of view, the primary issues are not isolated from the mother lawful problems and theories such as the adaptation and transmission, it was difficult on many researchers to distinguish between them. So we dealt with all sides, beginning with the concept of the primary issues, the definition and distinction between them from all similar ideas, also studying the methods that followed by laws and legislations to solve the problem of the laws conflicts. Supporting to what preceded of the lawful concepts and depending on what was researched, we did not forget the empirical side of the theory which dealt with most important judicial applications that presented to the judiciary to show this theory and its development, this included a presentation for the most important examples and judicial solutions that followed by courts in many countries whether it was Iraq or Arabic countries or the foreign countries. .