Volume 4, Issue 1, Spring 2012, Page 6-231


Retroactivity of the contract at its dissolution spend - Comparative research between Islamic jurisprudence and civil law -

abass ali mohammed

Risalat al-huquq Journal, 2012, Volume 4, Issue 1, Pages 6-53

Contract has been considered as the one very important source of obligation which reliable the financial responsibility between individuals .The contract may be set aside by the courts with out prejudice to any claim for damages.The Rescission of Contract does not take place automatically by operation of law unless there is an express clause to this effect. In every other case the Rescission must result from a courts judgment, where this an express clause providing for Rescission , it operates only in favour of the party willing to perform . In considering the effects of such Rescission that the contracting parties to go back where they beginning from before the formation of the contract and Recovery of vindicative damages from each other ,that may be called Retroactive force of Rescission for with Retroactive force . It should be noted that Jurisdiction with Retroactive force take very important place in the writting of Islamic jurists as well as in the writting of civic code jurists and that is not for away from the version of law and the decision of Judiciary .The position of the Reaction ism of the contract lies in concept, scope and the character that usually return back to the consent of the contracting parties and in particular to the character of the contract itself all that are supplemented by effects and postulate how it ought to operate ,these may also reflect the object of contract and obligation which is due under it .There for I have divided this Research in three chapters:-
The first chapter an effort is made to analyses the basis of the reaction ism of the contact , what is emphasized here its concepts and definition which in discussed by different schools of jourists . The Second chapter in conserned with the Restriction on the basis of the Restriction ism of contract .The third chapter _ deals with the effects be caused of Restriction of contract where the non – performance of an obligation is resolved into acclaim for damages that is a payment of a sum of money .

Electronic security and administration in Iraq - a strategic vision for the management of the electoral vote process presumed -

keder abass atwan; hamed jasem mohammed

Risalat al-huquq Journal, 2012, Volume 4, Issue 1, Pages 54-69

Become the individual and the community informed and aware of the cultural experiences, and it does not have to try out his options under the vain possibility of success and failure, but the accounts are the only means of permanence. And resolution, culturally, is not subject to the logic of discretion, but is the result calculated in the negatives and positives. And the interests of the state, which is identified as the light of the interests of governments are determined by the moral or immoral those negatives or positives. The experience of the United States concluded that the government is the management, and the experience of Japan is an administration that ended in a mass, and the experience of Zoroaster concluded that the most important justice of the peace. The sense that the experience of civilization of the models earlier, show the value of collective management of the fair, not in the sense the rule of all to the benefit of all, this is impossible, but involve all, or the failure to pay interconnected compelled to re-defines citizenship significance is sound, when the absence of political equality in rights and obligations in the dealings of devices government or the government itself with the citizens.

Business commitment in maintaining the sustainability of the environment

amar habeb

Risalat al-huquq Journal, 2012, Volume 4, Issue 1, Pages 70-86

Was paying attention to environmental protection, mainly, after the legacy of commercial competition severe threat to human society present and future generations, of the damage and a clear center-aligned environmental and natural resources, on the grounds that economic activity generally, and industry in particular, depends for its survival and Rusband for raw materials and energy sources, a in fact, natural resources collectively represent the components of living or non-living environment in general. It also represents the bad exploitation of these resources real abuses of the environment specifically, the real damage in the present Bmkontha Uwe future, whether it is damage to the exhaustion of natural resources or their destruction.
On the basis of the imposition of the close interrelationship between economic practices (industrial), and environmental damage, occurring actually, there was the idea of maintaining the environmental sustainability environmental sustainability for the performance of normal function of the generation of human current and future generations (to come), has increased the necessity of theoretical nature and size of the results obtained from some of the Statistics of the damage resulting from natural resources during periods of past and expected damage accessible with the current continuation of the objective conditions
On this basis, the privacy of a study of environmental sustainability, from a legal point of view, is that the interest to be protected from harm is the interest of the future The interest of future although the error can be caused by that damage is done simultaneously or current current, without limiting it to the field certain areas of critical environmental human life present or future.
The acts may be permissible and legitimate time to do, but they produce significant damage in the future as a result of technical developments or environmental, and it given another burden to select a law and drawing the appropriate solutions to it.
On this basis, it is the most important thing raised character of future damage and attribute the technical error of exposure to the issue of the mandate of the judiciary Jurisdiction in the consideration of proceedings before it on practices harmful to the environment, and whether the authority joyous fully numerator of exposure to them or they are limited in accordance with and under the qualities at above

Tnqiv awards in Iraqi legislation

akel sarhan mohammed

Risalat al-huquq Journal, 2012, Volume 4, Issue 1, Pages 87-109

the rule is the need to respect the arbitration award by the Parties and its implementation is optional from the party that the decision was made against him and the exception is to resort to procrastination, rejection, and lack of implementation where it will take this rejection of multiple images while refraining from execution without appeal, or appeal by means multiple legal and in this case the right of the party to be learned from the arbitration decision to resort to public authorities to request compulsory execution, and this is organized by the laws of the countries either by issuing laws on arbitration as law arbitration Jordan, for example No. 18 of 1953 or the Arbitration Act Egyptian No. 27 of 1994 or organized in accordance with the provisions of Procedures Act, as did the Iraqi legislator in the Code of Civil Procedure No. 83 of 1969, according to these laws, the resolutions of the national arbitration carried out under the provisions of national law, the decisions of foreign arbitration and international Vtnfz according to national procedures, taking into account the international conventions and bilateral mass in the event that the State be the implementation of resolution the Organization to these conventions, of this sum that the procedures to be followed when implementing the award of national differ from the procedures followed in the implementation of the arbitration award foreign and international and this is what we uncover it in the demands of the three, we discuss first, how to implement the decision of the arbitration National and the second Fsn_khass to clarify procedures for the implementation of foreign arbitration while the third show the position of the Iraqi legislator of international arbitration, and how to implement it.

Premium (premium) - Comparative Legal Study -

rahem ebed atea

Risalat al-huquq Journal, 2012, Volume 4, Issue 1, Pages 110-126

The premium of important topics that affect the lives of companies and is defined as (value added by the company on the nominal value of shares at the IPO to increase its capital). It is the difference in value between the value of the share nominal value in circulation. It is considered a reflection of the status of the company's financial, economic, and features premium range of properties, in is the financial value they represent for the most part the amount of cash, but this does not mean that represents the funds in kind, as they are added by the company based on the proposal of the Board of Directors, nor The company is imposed only in one case is the company to increase its capital by following the method of issuing new shares. The company is imposing premium driven by the reasons given is the prestige of Finance of the company and its desire to create a balance between the central contributor to the old and the shareholder's new, and requires the premium to be of value for money and to be estimated in proportion to the company's performance with the need to be included in the prospectus for the shares and finally, it must to be serious and not a sham, and the premium features for the expenses of issuance and discount bond issuance set of features, and the General Assembly to impose premium based on the proposal submitted by the Board of Directors under certain conditions that the General Assembly put the net amount of the premium after deducting expenses. which he called the law in the calculation of the expense of premium and premium is calculated through a range of ways the most important of PE and DCF and through the auction.

Electronic money a means electronic Payment

noor akel taher

Risalat al-huquq Journal, 2012, Volume 4, Issue 1, Pages 127-151

The Compendium is electronic money one of the products emerging from the modern technological advances, it is a repository of value cash kept in digital form so that it will be available in immediate exchange Transactions. On the basis of that, characterized by a set of characteristics that distinguish them from the others, where it maintains the value of independent digital factoid any Bank Account also allows to convert the value to another person through the conversion of digital information, in addition to that it investigates safety when Used to be difficult to penetrate by pirates duel accordingly be the dealers able to ascertaining the validity and it has not acted, before the others, it also has the capability to continuous work and operate in all circumstances, including that preserves the rights of Electronic number of dealers

Back between successive carriers in transportation in light of the Iraqi Transport Act No. 80 of 1983 (comparative study)

fatmah abass

Risalat al-huquq Journal, 2012, Volume 4, Issue 1, Pages 152-183

Has been shown through research on the subject back between carriers in the transportation revolving the carrier, which pays compensation on its own or on the basis of his claim by a formal claim, in reference to carriers other actors with him in the transfer cascading is this back, sometimes, on the grounds subset (cross ) and the other is claiming original and vary the proportion of reference established between carriers successive different legislation, and according to whether Makant stage of transport that gets through the damage has been assigned or not, or if it was one of the carriers is insolvent, as they bear the carrier solvent would then share in the share of insolvent carriers successive rate varies depending on what required by the law of the Iraqi Transport and comparative legislation has also founded back carriers successive among themselves, either on the basis of a lawsuit to replace the right holder aggrieved that meets his or demanded by an official, and which finds its basis in the relationship between the latter and the rest of the carriers successive. or to the case of personal finds its basis in the relationship between successive carriers themselves, whatever the case, this action shall expire over a certain period varies according to the Iraqi Transport law and international conventions on transport.

Securities trading operations

abass mohammed mosa

Risalat al-huquq Journal, 2012, Volume 4, Issue 1, Pages 184-198

The research topic of Securities children in the definition of securities, and this is taken up in the first section, which Snksmh on two requirements address the first requirement in the definition of securities and which distinguish them from the suspected Allarroaq other traded in the commercial area is commercial paper and bank notes.

In the second requirement Vnpin the types of securities is the most important stocks and bonds. We also refer briefly to the species. In the second section Ven_khass for transactions that take place on the securities starting out drawers or under the securities in the market demand first, and second requirement How is the trading of securities in the market and finally in the third requirement of the deposit and central registration, settlement and clearing, which facilitates the transfer of ownership of securities after trades between dealers in the market. After completion of the research topic will point out the most important findings and recommendations which we reach them.

Controls to distinguish between damage obscene and illegal use of the right of property in neighborly relations - comparative study of Islamic jurisprudence -

hawra aziz

Risalat al-huquq Journal, 2012, Volume 4, Issue 1, Pages 199-231

To say that the damage obscene resulting from the use of the property project in the framework of neighborly relations, leads to a similarity with some of the legal status resulting from the use of this right as well, Kaltasv in the use of right and wrong in the use of the property, as that using the neighbor of his, may result in causing damage obscene neighbor, although such use for Aantoa on any abuse of it, may not be the wrong place. The consequences of this use as well, damage to his neighbor, but arise from abuse issued by the administrator, placed by the scope of abuse of right. Or for violation or negligence in the use of the neighbor responsible for his own, placed by the scope of the error in the use of the property. Although there are many points of similarity between these conditions, but there are points of difference between them, which requires it of discrimination in all of this. It Masnmay to be addressed through this research that Snksmh to address the demands of the in the first demand to use the definition of the project right of property .