Volume 7, Issue 1, Autumn 2015, Page 6-381


Almstaa partner authority In the rental money Commons

abass ali alhussainy

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 6-73

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 .

Philosophy of natural law in the ancient Greek thought

dhiy abdalla abood; nazar abd al amer

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 74-98

The first issue raised by the ancient Greek's philosophy concerning what is meant by nature, they belief that nature has not been created by God, because God it self has been perceived as idea to a great degree,this in its essence,as reflection of the real things,that is to say that the laws one an extension of the work or the tradition of the divine. The system is a system of cosmic divine because it is coherent and complete and not vice versa, that the Greeks do not consider the cosmic order harmonic and full of God that (because it is divine and harmonious whole, which is not a consistent and complete because God). It is the first born from the idea of natural law. Has been the link between law and nature; relationship because the relationship is here necessary, Greeks look to nature not only as a viewer actually perceived, but also as metaphysics.the basis of the idea of natural law is the relationship between a single and multi. Nature and relative multiple images need to be fixed and the principle of one-ruled, this principle is (God) who took the picture of the supreme good in Plato, and take a picture when the engine hard when Aristotle.

The extent to which the obligation of restitution after rooting judicial annulment To gain base without reason

hasan mohammed kadem; abd allamer jafat

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 99-125

After the resolution of contract, each of the parties to the resolved contract is obliged to return whatever he received from the other party, according to the contract, to that party. The source or basis of this obligation is a controversial issue in the civil jurisprudence. Most jurists believe that the source is the rule of enrichment without cause and its application, the rule of payment of undue .Others think that the basis of the obligation to return, is the special rule put by the civil law, which regulate the legal effects of resolution, according to which, the parties, after resolution, must be brought to their original state before contract.This research tries to analyze the state after resolution to find out which rule should be applied to it.

Legal system of one of the window and its impact on foreign investment (Comparative study)

hasan ali kadem; ahmed hlel abd awon

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 126-154

The One stop shop of the important criteria for the success of the investment process, as activating the role facilitates a lot of procedures that were complex and reduces the number of actors sectoral during correspondence official through for approval by the delegates of those actors sectoral One stop shop, in addition to the investment of time optimally, which provides for the expeditious completion of the investor requests for his investment in the One stop shop(One stop shop), one had to carry out all the procedures for investors who are seeking investment licenses, by facilitating the functioning of the legal and regulatory requirements faced by investors.And the One stop shop system in the field of investment faces many problems during its application, and has important implications for foreign investment, so it is necessary to diagnose these problems, and show these effects through this research through a comparative study with the legislation of Arab investment.

The role of international conventions in the development rights laws Copyright in developing countries (Iraq a model)

hader hessan alshemari; ali mohammed kalaf

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 155-198

The history of the international copyright system showed from the beginning that it was put in place to promote the creators of copyright, who mostly came from developed countries. Although developing countries fought hard in the 1960s and the 1970s to revise the system to create a more balanced one, their efforts were unsuccessful and were met with skepticism from developed countries. The United States and other developed countries progressively seek stronger copyright protection. This is evident through the adoption of TRIPS, bilateral free trade agreements and now ACTA. The article examines these issues and provides a set of conclusions. Accordingly, this paper is divided into section. The first one deals with the main point of Berne Conventions such as the structures of the Convention and the key provisions of the Conventions. On the other hand, the second section deals with other agreements and conventions which were made in the world such TRIPs Agreement and ACTC

Formal safeguards for employees in the administrative investigation "A Study in Iraqi law."

kaled kder daham; adel kadem sewood; ali abd emran hassen

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 199-221

This research dealt with the subject of: (Procedural guarantees for employees in the administrative investigation – a study in Iraqi law), as one of the topics which become occupies increasingly important at the present time. The importance of the subject is that it addresses the issue of providing legal protection for employees, particularly when it comes to the Procedural aspects of the guarantees that are supposed to be in the light of the administrative investigation. On other hand, the importance of these aspects increases when it comes to the subject of the investigation on suspicion of committing administrative offenses involving acts of administrative and financial corruption.The researcher studied the subject in accordance with a descriptive and analytical approach to the relevant provisions, taking into account possible judicial applications in Iraq.

Modern civil liability for a product engineered organisms (GMOs) ((Comparative study))

adnan hashem jewad

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 222-271

In the 21rd centure most of Scientists seek to maximize Photos upgrading scientific research through continuous up to the human to what is best for the welfare and happiness and stability. The use of advanced technology salient feature in the economies of developed countries. But this use of technological damage multiple ones produce coefficient of medicines medical products lead to serious injuries due to an error in the stage of production or the production of organisms in special laboratories used in the production of agricultural seeds genetically modified may lead to physical injuries very serious and these products may cause serious risks to the lives of and human health and environmental damage caused multiple plants and animals. If civil jurisprudence agrees that civil liability does not rise without damage, the responsibility for product damage defective products also can not be achieved without damage. But about a new type of civil liability based on the defect in the product, rather than corner error upon which the contractual and tort liability.

Arbitration as a means to resolve disputes in investment contracts entered into by the State

enas hashem rashed; wood kateb alanbari

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 272-285

The modern period marked by the rise of arbitration's phenomenon as a system for settlement of disputes as offering advantages which don’t provided by judicatory of the state.And also it provides the advantages of contractors from different countries, which help them to avoid the problem of unknowing of the rules of substantive and Procedural foreign law. When the enormous development on made on investment level which doubles its important which may be possess innate tendencies towards representation it. And even has been fall due accepted by the majority of countries in their economic and social system. Thus in this way arbitration came to be envisaged not only as appositive imptiment for settlement disputesWithin internal and external relationships but also as to be incentive which is necessary as result of these relationships.

Mandate constitutional competences in Iraq's 2005 constitution

mohammed jabar talib

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 286-305

Addresses this research to cases carried out by the authority or constitutional institution voluntarily delegating some of their competence constitutional granted to it in the Constitution of Iraq in 2005 to another authority, and this authority may be of legislative power to the executive branch through the so-called (legislative mandate),a invitation of the House of Representatives to the Prime Minister to intervene legislatively in time of war and the declaration of emergency. Under the terms of the mandate and by types, whether delegating jurisdiction or signature, and may not take the transfer of jurisdiction form of authorization but have been solutions constitutional movement in which all disciplines to the authority or someone else, and authority in the Iraqi constitution in force may be authorized executive, or in other words that the delegated executive authority of competence to another authority if the unit does not have a centralized governorate not organized in a region .

Legal regulation of contract mobile phone

hawra ali haseen

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 306-327

There is no doubt that the ongoing developments in the field of telecom munications has followed the emergence of mobile phones service which Been used by the majority of the consumers as necessity of modern life.It's play an influential role in the emergence of legal problems and cases –so the contract of mobile phone draw our attention in the concepts of its legal system. That is to say, its legal nature, system of granting licenses to mobile phone companies, and its effects of breach of legal obligations.

Protection of religious sites under the provisions of international human rights law

hazem fares habeb

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 328-363

The Protection of the religious sites, which form the moral entity of man, is no less important than the protection of his physical entity because of the connection of these places with man as these places are described as cultural entities that have whole in flounce on man himself. And since there has bun some relation between human beings practice of his own belief and religion and the existence of the religious sites which are allocated for this practice, so consequently these places should have their own protection, we ,there fore ,find the bases for the protection of the religious places in the International documents related to the human cultural and religious rights.For the purpose of shedding the light on all this ,we shall deal with this subject in two sections : the first is allocated to the protection of the religious sites within the frame work the International conventions related to man's religious and cultural rights, the second deals with the protection of these religious places within the frame work of the International resolutions and declarations .

Insurance guarantees on the international plane and its applications (Comparative study)

hasnen maki jodi

Risalat al-huquq Journal, 2015, Volume 7, Issue 1, Pages 364-381

The civil aviation legislation, including the law of the Iraqi Civil Aviation approved for the aircraft to replace investor insurance guarantees on the plane in the event of not being able to insure the insurance companies. These safeguards are depositing cash deposit with the state treasury where the aircraft is registered or licensed bank to do so or to provide guarantee of a bank authorized to do so or to provide state registration of the aircraft to ensure the condition of the dispute over sponsorship. These safeguards are applied what brought him the Rome Convention of 1952, which states must acceding commitment to these guarantees and therefore the investor can once available has guarantees and before conclusion of the insurance contract, that makes the plane involved in the aerial activity can not state airport arrival to protest the lack of an insurance contract on the plane because of these guarantees have decided by law. The State may determine the adequacy of these guarantees in terms of insurance compensation that ensue as a result of aviation accidents.