Volume 6, Issue 3, Autumn 2014, Page 6-384


The rights of others associated with the contract Search comparative Islamic jurisprudence

abass ali alhussainy

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 6-79

According to the rule of the relative effect of the contract in terms of the people, which requires that the rule of the contract goes out to its parties or their deputies , the foreigner of the contract is supposed to be unaffected by the rules of the contract. However, the contract come out from two wishes and these wishes allow sometimes to the non-parties of that contract, and sometimes the law allows others to benefit from that contract after the ruling put that rule to limit the effects of the contract between its parties only. This third party , which may be associated with the contract rights away,is not easy to determine or statement boundaries between being a foreigner is called the contract completely changed between foreigners is influenced by foreign contents , including the provisions of the contract . Also, determine what rights that can take advantage of them non- are not the other shop agreement and reconciliation, and therefore it is necessary to search rooting legal concept of others as well as to determine the rights that effect about it or linked to its interests, as well as discuss the implications of the validity of the contract rights to third parties and the effect implications of the lack of validity of the contract rights toward it

The legal status of security companies in international humanitarian law

abd ali mohammed sewadi

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 80-129

Recent years have seen an increase in the number of companies private security companies (PMCs PSCs) practiced different operations during armed conflict, has also seen a change in the nature of their activities, which are now more characteristic of the business, which is at the heart of military operations. And laid down by the often close to people covered by international humanitarian law,protection of the law. Often Maigal that there is a vacuum in the law in relation to the operations of these companies, but there are, in situations of armed conflict, a complete set of legal rules governing the activities of staff of these companies, and control responsibilities of the states that hire them, and there Moreover, the role of other states also have done to ensure that these companies respect international humanitarian law. The present research legal issues raised by the work of PMCs / PSCs operating in situations of armed conflict, including the status of employees of these companies and their responsibilities under international humanitarian law, and the responsibilities of the states that hire them, in addition to the responsibilities that falls on the countries that belong to this or companies operating in its territory.

Located in the same judicial annulment

hasan mohammed kadem; abd alamer jafat

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 130-168

Bilateral contract aims at the implementation of its obligations When one party fails to implement , due to his fault , the other party can sue him asking for the resolution of the contract . The court , within its discretion , when it finds the failure is serious enough , may decide to resolve the contract. This is the judicial resolution . The study tries to clarify the nature of judicial resolution as a complex legal event consisting of two components , i.e. : the legal act by the party demanding the resolution of contract as one component and the work of the judge within his discretion to implement the exact rule of law in the case before him , as the other component . none of the two components alone , can achieve the judicial resolution of contract .

E-government Study in the theoretical framework and applications

samer moed abd-al-latef; jabar selman

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 169-192

E-government attracted interest in most of countries as one of the most important means actors to adapt to and benefit from the data knowledge promotion embodied in the international network of computers in overcoming rings routine and addressing the problems of bureaucracy in various communities, particularly those that aspire to attract capital investments or intending to reduce the gap of civilization between them and the developed countries through the optimal investment of time and effort and money.Promote research problem of wonder about the nature of e-government, and objectives, and mechanisms of implementation, and constraints; as well as the possibility of their application in Iraq.Based on the foregoing, the search is divided into three sections:The first topic: the theoretical framework of e-government.The second topic: the completion of requirements and challenges of e-government.The third topic: the e-government applications in the countries of the world and Iraq

Procedural restrictions to amend the Federal Constitution ) Comparative study (

ali saad emran

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 193-226

The issue of amending the Federal Constitution is particularly important , because this constitution is the legal basis for the federal state , as it assesses the balance between the federal authorities and the constituent units of the federal state in terms of the distribution of powers and how to exercise it , therefore, the Constitution regulates a set of procedural Restrictions that must be carried out by the competent authority amendment to the amendment to be considered legitimate in form and content.Iraqi constitution did not come out this way because it regulate procedures that show how to modify , in full amendment and an amendment in part, and it came in several different procedures because they regulate two of the constitutional amendment . The organization is the constitutional texts of the Iraqi group came to suffer from shortages and lack of precision in content , the lack of clarity when the idea of the federal state and the framers of the Constitution. So I made a set of recommendations which l hope will find their into acceptance when it is intended to amend the constitution of Iraq in accordance with Article ( 142 ) thereof

The multiplicity of nationalities A comparative analysis

ayad motasher saehod; mohammed jasim mohammed

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 227-257

The nationality of the most important spiritual ties and social relations between the individual and the state, where the countries – within thorganization for sexual and determine its citizens, is doing a sovereign does not see it, but its national interest pure, and without taking into account-Galba- to the requirements of international life shared in the international community appears the possibility to be considered more than one country individuals have a citizen, so this person with dual nationality or even Mtaddha. And the multiplicity of nationalities, means that the individual has Bjncian or more at one time to be acquiring these nationalities have been legally sound. And the multiplicity of the origins of some of which have a contemporary of birth, including what will be a subsequent birth. That the issue of multiple or dual citizenship raises a number of problems in terms of the status of foreigners in the identification of any nationality should be treated on the basis of a multi-nationality and conflict of laws, particularly to determine the applicable law and international jurisdiction and the recognition of the effects of foreign judgments.

Search on interest groups and forces pressing in Algerian legislation

hason mohammed ali

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 258-300

The phenomenon of groups, in general, is old. The first of its concerns revolved basically around some family or clan interests. While the forces of pressure, in its modern concept, are groups of interest in a form of an organization that endeavor to put pressure on the authority in order to achieve certain economic, social or political interests, expanding by that its field to cover both national and international levels.Some groups are legitimate. Sometimes, the government contributes in establishing a part of it with a view to participate in local and national development, especially in the Third World. Sometimes, interest groups are legitimate but they work for the benefit of another country such as the Zionist lobby in the United States. Other times, interest groups are chaotic, illegitimate and destroy national economy and development. In result, the function of each group vary according to its assigned objective. Also, these groups differ from political parties regarding its foundation, organization method and objective; as the political parties are more organized, and attempt to gain power to implement their political program.

Abuse of dominant position in the relevant market "A comparative study"

sheda kamel nema

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 301-319

The main purpose of laws regulating competition and prevent monopoly in ensuring free competition between projects and companies during the exercise of trade and economic activity alike, as well the fredom of access to markets and prevent the agreements that would hinder competition or damage it, and aims of these laws to criminalize the monopolistic practices that be designed to configure a dominant center for the business venture, all that in order to protect competition because of its great importance and many positive effects on all levels. In order to achieve competitive benefits should be far away from state monopolies or blocs in the market, the center is dominant in the market of the most dangerous monopolistic practices which threatens competition, this sense deliberately competition laws to intervene through the prohibition of the practice to involve them from the negative effects are reflected on the process competitiveness and the consumer audience, as multiple those practices that placed behave project controlling. This research therefore exposed to the problem of the composition dominant position, the statement of practices that constitute abuse of dominant center.

Legal nature of the funds holy shrines

jasim emran meshjel

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 320-352

The holy stirines has an essential role and position in the history of Islamic civilization and contributed actively to sustain the work of many public institutions in Islamic societies what incarnation of correlation spiritual between loyalists and followers of the Imams of Ahl al-Bayt (peace be upon them) and between these thresholds, which includes Mracdhm and perpetuate their memory and heroism and sacrifice of for the Islamic religion. It is a great wealth cherished peoples and Islamic center Fit to people from all over the world, making loyal of Shiite Ahl al-Bayt racing on the visit and the bestowal of the money in cash and kind of jewelry and precious antiques, swords, lamps, mattresses, luxury closer to God and His shrine-Sharif, and this money from gifts Vows in addition to funds endowment and monitored by the government of financial allocations annual method differs submitted to the thresholds sacred by visitors, government agencies and non-governmental organizations, which requires us to a statement the sources of these funds and legal nature which is taken upin this research to finish the conclusion include the results and proposals.

The legal conditions for the extraction and stem cell transplantation

wahed kalel ebrahem

Risalat al-huquq Journal, 2014, Volume 6, Issue 3, Pages 353-384

Steem Calls are small and non specialzed cells.They have the ability of divide and specialize to any kind of cells which formed the human organs when they exposed for inflection or damge Stem cells represent human organs leglly. So it is necessary for the existence of legil conditions to extract them from the body of the contributor and transplant them in the patient ,s body.Openion of law, legislation ,and judge importantoc, agreed about agroup of these conditions. The most important of them is the agreement of the contribntor and patient or who represent them legilly to perform the operation of extraction or transplant.It is necessary to learn them about the expected dangerous of drag in future.In addition,the contribbution should be free .These conditions were if the extraction was from lives, and if the extraction, was from deads .The doctor have to take the egreement of the relative of the dead Person and after making sure of death and existence remedial purpose or aim for the extraction.