Volume 5, Issue 1, Spring 2013, Page 6-257


Disciplinary family and its relationship to human rights

mohammedali salem; esra mohammed ali salem

Risalat al-huquq Journal, 2013, Volume 5, Issue 1, Pages 6-21

It s known that the family is the essential part in the process of the society formation. This what had stated clearly by the international declarations and national constitutions. The educated right is one of these rights which contributes in regulation of these relations .so the law give for someone the authority upon other Family members to educate them when its necessary, the legislators ,make this authority exclusively for fathers and husbands .while they state a right ,this means the instrument of this right must be allowed too. most arabic legislators allowed the family educated right ,concerning it as an application of the right use. see : Egyptian , Iraqi Jordanian, Syrian , and yamenain legislators.
There is no doubt , that the right are not absolute and the rights determined according to its aim, idea, and every right has its social aim. Though the family educated find its roots in Islamic law . and positive law and custom. In this meaning the Iraqi constitution stated that there is no legislation may be contrast with principles of the Islamic law .now its obvious that the family educated right is not contrast with human rights if has been limited by conditions.

Assigned counsel between the text and legal practice - Study in Iraqi legislation -

dhiy abd alla aboud

Risalat al-huquq Journal, 2013, Volume 5, Issue 1, Pages 22-59

Among the most important rights stipulated by and keen to provide international declarations and covenants and constitutions World, including the Constitution of the Republic of Iraq for 2005 ((right defense)), and all parties to the proceedings civilian was the mother of a criminal or administrative (disciplinary, disciplinary), and to any authority investigative or court competent, as Paragraph (IV) of Article (19) of the Constitution of the Republic of Iraq in 2005 on the following ((the right to defend sacred and guaranteed in all stages of investigation and trial)), as well as paragraph (XI), which state ((court shall appoint an attorney to defend the accused of a felony or misdemeanor who does not have a defense lawyer, and at state expense)), and getting this right importance and seriousness for the accused, who represents the weaker party in the criminal case, he replaced the charge and for him to prove otherwise, and who faces sentencing Baquba up to limit confiscation right to life legally death, or the imposition of sanctions restricting freedom right long-term or short, such as imprisonment for life, or imprisonment for life or temporary imprisonment, or imprisonment severe, or simple, or financial penalties, confiscation, and this can only be through the provision of means to do so, and that constitute a guarantee safeguards for the accused, including the right to defend himself by who has the legal experience necessary to do so according to the conditions and qualifications contained in the laws governing the legalprofession.

Disclosure of information in the stock market - A comparative study of the philosophical dimensions of the commitment -

basem alwan tema

Risalat al-huquq Journal, 2013, Volume 5, Issue 1, Pages 60-119

Increased importance of disclosure in recent decades increasing unrevaled in the field of companiess business and this importance has not come from a vacuum, but rather considered that the investor whether natural or artficial has no direct means which receives through information relating to the company listed in the market that builds on the light decision investment on the purchase of shares or not, but rely on the information and reports published by the company for its activity and financial position in the securities market. If such information was identical to the reality, the investment decision be founded on realistic data, and vice vers if that information is not in conformity with the reality soon shows his tort of the investment decision.

Problematic to accept the potential interest in the constitutional appeals and applications to challenge the constitutionality of the tax provisions - A comparative study -

ali hadi atea

Risalat al-huquq Journal, 2013, Volume 5, Issue 1, Pages 120-149

THE constitutional jurisdiction Frequented to accept the potential interest in accepting the challenge the constitutionality of STATUTE , but I SEE the importance of the change this trend judicial especially in accepting the challenge unconstitutional tax laws, so I try BY MY STUDY change this trend based on constitutional grounds, legal, and display practical importance in the OPEN accept potential interest to challenge the constitutionality of the tax laws
So TYHIS STUDY put position jurisprudence and constitutional jurisdiction of accepting potential interest in the constitutional challenge, and IT recommends acceptance to be potential interest based on the effect of realistic, isn't supposed, in the legal STATUS of the appellant, BUT ANY WAY accept potential interest should not lead to stop paying tax

What option contract and the position of the Iraqi law it

esra fahmi naji

Risalat al-huquq Journal, 2013, Volume 5, Issue 1, Pages 150-181

The option contract one dealing formats that take place in the financial markets, and this formula in fact is one of the most prominent images of financial derivatives, those contracts that derive their value of financial assets that are being handled.
Perhaps the destination to handle these contracts in the financial markets is the risk management and control. He held the option and in accordance with this spirit embodies the administration and handling of risk in the financial market, it consists of two main parties one vendor to risk the second buyer, and this Alkhatrh is to price fluctuations. The contract concluded between the parties without the actual delivery of the contracted shop, but only contracting to pay the difference in the market price if the contract was executed.
The option contract is being treated in the financial market within two types purchase option and put option, where consistent Contracting under contract primary that commit one to sell or buy financial assets given during a specific time period, according to the agreement if he expressed the other party (option buyer) desire to sell or During this period, the purchase, that determines the price deal, and these are compared to the amount of treatment option buyer pays to the seller to be determined according to certain bases.
Perhaps this formula of dealing raise formats sensation at the level of doctrine in terms of legitimacy and passport deal. The benediction numerous studies of thermoplastic modern scholars of Islamic law, which is worth seeking legal terms.

Work state levels in the Code of Civil Procedure (Comparative Study)

ali shemran hamed

Risalat al-huquq Journal, 2013, Volume 5, Issue 1, Pages 182-200

Enjoy the judge and for the exercise of his judicial several authorities which issued under tighter judicial proceedings before him decide on a dispute between two parties, as well as that it has the power to jurisdictional able to Business Edition state (it on a petition) and issuing decisions and final upon request him of one of the parties without the presence of the other party for the purpose of research work state levels to be tariff and their nature and distinguish it from the others, as well as reference to how issuance and appeal it, which we shall see by examining this issue and will finish research conclusion contains a number of findings and proposals.

Sources of the bank's commitment to providing financial credit information - A comparative study -

hamdea abood kadem

Risalat al-huquq Journal, 2013, Volume 5, Issue 1, Pages 201-239

Has been shown through research on the subject of sources commitment bank to provide information of financial credit, that this commitment exporters osassen, firstly ,is the source contractual, this source can be either arising from contract and directly which is a separate contract misplaced provide information to the student information. since this contract shall be concluded between the student information and the bank as the bank is committed to providing information for a fee paid by the student information , and that this contract defines the scope of the obligation of the bank and the type of information required, it also includes wage earned by the bank and how to meet. it is characterized by a set of characteristics decade where he took a contract rezaei and it's onerous contracts and the binding of the two sides , in addition to that he held a commercial.
Have varied jurisprudence in determining the legal nature of this decade , some of them considered this contract sales contract and some of them saw as a lease and some of them went to air this contract as a contract indefinitely but conditioners legal suit with the nature of contract information is considered this contract .

Civil liability arising from commercial dumping in the light of the anti-dumping agreement and Iraqi law

mohammed saed al-saadaouy

Risalat al-huquq Journal, 2013, Volume 5, Issue 1, Pages 240-257

The product sprayed, if its entery in the country's trade at less than its normal value, which was the price exported from one country to another is less than a similar price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country. The dumping is a serious problem, its impact on the national economy and the legal regulation of markets and stability, and on the edges of doing business from producers, consumers and others. For longer so dumping aspect of business behavior illegal, which seeks practitioners to circumvent the rules of freedom of international trade to change business as usual, and try to jump on the competition between producers is founded on the comparative advantages enjoyed by each of them, in order to control certain markets and control. Which arranges commercial dumping civil liability.