Volume 5, Issue 2, Summer 2013, Page 6-288


Iraqi Investment Law No. 13 of 2006, as amended in the balance

basem alwan tema

Risalat al-huquq Journal, 2013, Volume 5, Issue 2, Pages 6-61

Investment is considered as fundamental and important base for the state from the economic , commercial , point of view . therefore the legislator wonted always to attract foreign investment to the country and making use of its advantages . the investments could be national where in the investor a natural or artificial having the nationality of the state itself , where it may also be foreign investment if the investor holds the nationality of another State. In order to create a suitable environment for investment, the legislator gives the investor many advantages, guarantees and tax free measures . The law also the established special body to draw the country's investment policies and the granting of licenses to investors. In order to study the provisions of the Iraqi investment law Featured theideaofsearch .

The appropriateness of the Criminal Procedure Code Iraqi force International standards for human rights

dhiy abdalla abood

Risalat al-huquq Journal, 2013, Volume 5, Issue 2, Pages 62-95

The appropriateness of the Criminal Procedure Code in force
Internationals tandards forhumanrights D.dhiy-AbdullahAl-JaberAl-Asadi The Constitution of Rights and Freedoms in its provisions, by members of a door or a special chapter to them, and often this organization would be years and leave details of the legislation specialized, and which ensures the legislative authority issued, it is imperative that comes the Criminal Procedure Code as one legislation relating to the rights and freedoms organized them, through the statement of the legal provisions relating to the exercise of these rights and freedoms and constraints imposed on them as it does not confiscate the origin of these rights and freedoms, and that he has a constitution of the Republic of Iraq for 2005 in Part II (Chapter I, Chapter II)) materials(14-46).
The goal of this study was to statement of international standards for human rights on the Law of Criminal Procedure Iraqi No. (23) for the year 1971, as amended, and try to compare with those standards contained in the International Bill of Human Rights ((Universal Declaration of Human Rights of 1948, and the International Covenant on economic, social and cultural rights, and the International Covenant on Civil and Political Rights and Albrootokoliyn Optional Protocols)), with reference to the relevant international conventions axes study, for the diagnosis of points of convergence and divergence between them, in order to reach legal drafting appropriate as we see and Natqdha for texts contained in the law under study and research, and to maintain the texts that provide legal guarantees that are consistent with international standards, which will be referred to in the course of this research.

Commitment to information in the insurance contract (Comparative Legal Study)

kane resan jader; yosef aoda kanem

Risalat al-huquq Journal, 2013, Volume 5, Issue 2, Pages 96-134

Commitment to media decision in principle to protect the consumer in the context of decades of consumption, but the Iraqi legislature has come out for this asset in the context of an insurance contract, as it has made the commitment to information mutual commitment rests with each of the insured (Professional) and the insured (consumer) to the extent Whether, believer binding informs the insured in all conditions contracted the information he has that will help the latter in determining descriptions subject of the contract, regardless of whether the laws, which organized the insurance contract, has stated explicitly requiring the insurer reported or did not provide for it. As the the legal basis for the insurer's commitment to information varies according to the position of legislation for the regulation of the insurance contract on the issue of revenue or non-revenue legal texts require the insured to information.
The majority of the legislation, which organized the insurance contract, did not list legal texts define the penalty resulting from a breach of the insurer to abide by the media, did not respond to such legislation only text (the invalidity of the special conditions to fall or invalidity that were not printed prominently in the insurance policy); also We have noted the use of legislators French and Lebanese term (terminate the contract) as an option decision to the insured to terminate the contract of insurance, in case of breach of the insured in good faith commitment to information and discover the truth data before check risk insured it, without distinguishing between types of commitment to information that has been violated, so we can say that insurance contract from decades of consumption being done between professional focus his work mainly on the profession of insurance (insured), and among consumer insurance service for personal or family (insured), and it can be used legal provisions contained in the contracts of consumption and private media to compel the insurer notifies the insured with all the information necessary related to the insurance contract, especially if the consumer contract theory become a general law for.

Crisis, the peaceful transfer of executive power and the future of change in the Arab world

samer moed abd-al-latef

Risalat al-huquq Journal, 2013, Volume 5, Issue 2, Pages 135-159

The research aims to shed light on the crisis experienced by the majority of Arab political systems as a result of the absence of a peaceful transfer of power in the executive split, particularly at the level of the head of state, and resulted in the emergence of the phenomenon of popular movement in some of these countries.
The research was divided on four demands, the first looked for the meaning of trading in its different forms of power. The second requirement investigating the reasons intractability of the peaceful transfer of executive power in the Arab world. While the third went requirement to demonstrate the constitutional mechanisms and realism to the transfer of power in the Arab world. It was the fourth and final demand dedicated to determine the Alirhasat of the Arab world and which promises imminent breakthrough crisis and the beginnings of change in the Arab world.

Causation in judicial work essence and functions

ali shemran hamed; hasan hantosh raseed

Risalat al-huquq Journal, 2013, Volume 5, Issue 2, Pages 160-203

Justice is aim of the courts, so it' important that there is a way by which the judge express about his justice and to expose how he inferred his decision .This means is important too for parties as well as the court appeal and the public to monitor the judge decision issued according to the law .
This mean is the causation and it's a procedural duty on the judge when he issued his decision. so far the civil action is the body of judicial procedures named judicial acts which represented by final judgment and temporary decision, ad for the importance of the causation .by which the parties can check the justice of the decision .
And because of this central prominence l found its suitable to make it as a theme to my research, and in the precise meaning part of this topic, because of its largeness.

The discussion of the research will be in the identification and the functions , so it may be divided in to two chapters .the first chapter will devoted for the definition both in linguistic and idioms and studying the importance of the causation for the judge and the parties as well as the appeal courts , and we will refer to its kinds.
While the second chapter will specialized for its functions . The functions of the causation may be concern to the public interest or to the private interest .
In the final I will state the more suggestions and results that we have reached .

Criminal mediation as a method of the expiration of the criminal case (Comparative Study)

hana jebore mohammed

Risalat al-huquq Journal, 2013, Volume 5, Issue 2, Pages 204-228

Mediation penal as a method of expiration crimial case (Comparative Study)
Mediation penal new procedure for resoiving disputes the criminal but the conventional method is a renewed place outside the frame worh of the Judiciary aespite Survival under control the Judiciary is authorized by and endorse allyend. This is donemove through three basic :
Elements: the mediator who mustbe members of the Judiciary.
And the L auteur and La victim aftar have a gremention with this procedure.

The commitment of the owner of the hotel stay quiet

zaneb razaq husen

Risalat al-huquq Journal, 2013, Volume 5, Issue 2, Pages 229-242

Highlights the importance of the commitment of the owner of the hotel to stay quiet in the travel and tourism convicted. The fact that a party to this commitment are the owner of the hotel and guest, and the latter may be traveling nationally or may be foreign tourists. The owner of the hotel is committed to providing a variety of services to remove it and all of which can be summarized in one sentence which ((submission quiet stay)). Making this commitment Eetmez certain features not available in other commitments. Not be achieved unless the security of guest safety and kept his luggage and gave him all other hotel services even makes a guest's stay calm and reassuring want that repeated.
From here we must implement this commitment and precisely integrated. When prejudice or delay in implementation means that there may damage to the guest, which calls for the case, the responsibility of the owner of the hotel direction boarders. The compensation is the most important consequential impact on this responsibility forced damage guest. However, can the owner of the hotel that pays responsibility for itself if the availability of foreign reason may be force majeure or fortuitous event or error may be injured himself.

Civil protection of trade secrets (Comparative Study)

sendes kasem mohammed

Risalat al-huquq Journal, 2013, Volume 5, Issue 2, Pages 243-288

ان تقرير الحماية للأسرار التجارية امر لا غنى عنه لكثرة الانتهاكات التي تتعرض لها , فاذا توفرت في معلومات معينة السرية والقيمة التجارية واتخذ صاحبها الاجراءات اللازمة للمحافظة على سريتها يتدخل القانون لبسط حمايته لها , لتشجيع صاحبها على الابتكار والابداع ويضمن له استغلالها بشكل استئثاري , الا انه يجب القول بانه ليس للأسرار التجارية نظام حماية خاص , وانما طبيعتها السرية هي مناط حمايتها , فقد تكون الاسرار التجارية محلاً لعقد معين فتتحقق حمايتها بمقتضى الحماية المقررة للعلاقات العقدية وقد لا تكون كذلك , وهذا مما دفع الى البحث عن اساليب اخرى لتحقيق الحماية اللازمة لها , وقد يكون ذلك عن طريق نظرية السلطة اوعن طريق نظرية الاعمال غير المشروعة .