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Responsibility Of Merchant Ships For Prohibited Activities On The High Seas, Taha Muhammad Hussein Feb 2025

Responsibility Of Merchant Ships For Prohibited Activities On The High Seas, Taha Muhammad Hussein

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The issue of the seas at the present time is one of the topics that are of interest to the international community in general and to specialized researchers in the field of international law in particular, given the industrial and economic development that the world has witnessed, the emergence of international trade, the development of maritime transport between the countries of the world, the facilitation of its procedures and means under international agreements, in addition to the discovery of wealth Natural seabeds and oceans that were not known before, so that they became an important economic resource for many countries, …

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The Constitutional Judiciary Is The Safeguards Of The Balance Between The Parliamentary Majority And The Opposition, Mukhlis Mahmoud Hussein Feb 2025

The Constitutional Judiciary Is The Safeguards Of The Balance Between The Parliamentary Majority And The Opposition, Mukhlis Mahmoud Hussein

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Our opening question for this summary is this: Under a majority that controls the legislative and executive branches, how can we preserve fundamental liberties and accomplish democracy in its purest form? Many nations base their legal systems on the Constitution, which is regarded as the highest and most sublime law. It clarifies individual rights and freedoms and provides constitutional guarantees for them. It also defines the state's organizational structure, form of government, public authorities and their powers, and the relationships between those authorities. It was essential to establish constitutional institutions so that each authority could carry out its responsibilities and …

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Defending The Unconstitutionality Of Laws In Iraq -A Comparative Study-, Hussein Rahman Al-Fadhli Feb 2025

Defending The Unconstitutionality Of Laws In Iraq -A Comparative Study-, Hussein Rahman Al-Fadhli

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This topic deals with the issue of arguing that laws in Iraq are unconstitutional in terms of explaining the extent of the constitutional judiciary's competence to consider non-conformity of laws with the provisions of the constitution as the supreme law in the state, as well as procedures through the Federal Supreme Court

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Confronting The Holder Of The Mortgaged Property With The Authority Of The Mortgagee In The Pursuit, Amer Ghanem Alwan Feb 2025

Confronting The Holder Of The Mortgaged Property With The Authority Of The Mortgagee In The Pursuit, Amer Ghanem Alwan

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The mortgage creditor finds the best security in the mortgaged real estate to document his debt, because the general rules in mortgage give this mortgagor a balance that he would not get if he had relied on the general guarantee of a city. The general guarantee, and therefore this creditor remains in the fear that the debtor will escape his conditions and weaken the insurances provided to the creditors, because this fear is not justified in the context of the mortgage, at a time when it is permissible for the mortgaging debtor to dispose of the mortgaged property, the mortgagee …

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The Conflict Of Laws Approach To Tax Transactions Comparative Analytical Study, Saleh Mahdi Kahit Feb 2025

The Conflict Of Laws Approach To Tax Transactions Comparative Analytical Study, Saleh Mahdi Kahit

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Tax relationship has an great importance in the field of private international law relations both in the level of the legislation and jurisprudence and comparative court. This importance finds its causes in the specific nature of these relations and its connections to the economic security of the state .The legal security which the legislative state structures' based on it, and the states always never tolerate in the matters concerning their regulation's, and the law will void the parties agreements when they are contrast with it .And the law may avoid this voidance for achievement of public interests and the private …

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Special Properties Of Banking Bill Of Exchange -A Comparative Study, Israa Khidir Khalil Alobaidy Feb 2025

Special Properties Of Banking Bill Of Exchange -A Comparative Study, Israa Khidir Khalil Alobaidy

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The subject banking bill of exchange(bank draft) is one of the topics that has not been addressed in the research by the legislator nor by researchers in the field of commercial papers, operations and banking services, despite its importance from a practical point of view, as it occupies a space of banking activity related to the provision of a public service, and it is also a more secure way to pay back debts without requiring the applicant for that service to have a balance or previous transactions with the bank that draws that bill of exchange. This necessitated the presence …

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Recruiting Rules Of Tort Liability To Compensate Thoseaffected By The Terrorist Act, Faris Kamil Hasan Feb 2025

Recruiting Rules Of Tort Liability To Compensate Thoseaffected By The Terrorist Act, Faris Kamil Hasan

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Terrorist acts represents one of the most dangerous crimes nowadays because of the physical, financial, or moral damage they cause. This damage does not affect one personbut hundreds of people. What complicates the situation is the fact that these actions are carried out by unknown persons whose lives end upon the execution of the terrorist act, which is why the injured does not get a compensation from the perpetrator of the terroristact. Concerning the failure of general rules to compensate those affected by terrorist acts,the Iraqi legislator emphasized in the revised law of compensation for those affected by war operations, …

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The Legal Framework For The Protection Of New Plant Varieties, Huda Yas Khudair, Lama Abdul Baqi Mahmoud Feb 2025

The Legal Framework For The Protection Of New Plant Varieties, Huda Yas Khudair, Lama Abdul Baqi Mahmoud

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

TRIPS agreement was The first to apply protection by patents. However, this type of protection, which grants exclusive and monopoly rights to patent owners, came at the expense of developing countries which are considered rich in biodiversity and also at the expense of traditional and poor knowledge of modern technologies. The release of new plant varieties has led to the emergence of biopiracy and looting of the rights of developing countries without a license

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The Legal Situates For Professors Of Private Universities, Saba Noaman Rasheed Feb 2025

The Legal Situates For Professors Of Private Universities, Saba Noaman Rasheed

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Obtaining the rights of the worker has become easier to obtain, even if it is through judicial litigation, and what remains in that is a request that proves that a relationship between the two parties is (a work relationship), which requires in cases of violation to resort to general provisions to interpret the relationship by returning (to the labor and civil laws). And the rules especially in cases such as the employment of holders of postgraduate degrees in colleges that operate according to special, independent systems affiliated with the state in oversight and for private institutions in financing and management, …

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The Right To Return The Gift Of Common Money (Comparative Study) (Research Extracted From Phd Thesis), Hassan Mohammed Hassan, Hamid Sultan Ali Feb 2025

The Right To Return The Gift Of Common Money (Comparative Study) (Research Extracted From Phd Thesis), Hassan Mohammed Hassan, Hamid Sultan Ali

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Returning in the gift is a right recognized by Islamic law and civil law, a right that contradicts the general rules of contract theory ،It is an exception to this general origin, which stipulates that the contract may not be dissolved or revoked except by mutual consent or by text, but it is an exception decided by Islamic law with clear provisions and stipulated by civil law according to special restrictions ،The principle of the basis for reference is the principle of justice that the donor is not harmed by his gift.The doctrines of Islamic jurisprudence differed among themselves about …

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Auditing Means Of The Administrative Judge In Evidence (Case For Cancellation As A Model), Widad Ahmed Hussein, Taghreed Mohammed Qaddori Feb 2025

Auditing Means Of The Administrative Judge In Evidence (Case For Cancellation As A Model), Widad Ahmed Hussein, Taghreed Mohammed Qaddori

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The annulment judge has an important role in addressing the imbalance between the administration and its opponents resulting from its privileges in its general capacity that make it always stand in the position of the defendant, while its opponents stand in the position of the plaintiff, so the judge had to activate his positive role represented by using the means authorized by the law to reduce the burden The burden of proof is on its opponents, including the auditing means whose role is centered in the preparation stage with all that is required to complete the case file of procedures.

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Guarantees Of Legality Of Causation Of General Administrative Penalties(Comparative Study), Amal Kraeem Bandr, Taghreed Mohammad Qaddori Feb 2025

Guarantees Of Legality Of Causation Of General Administrative Penalties(Comparative Study), Amal Kraeem Bandr, Taghreed Mohammad Qaddori

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

One of the general rules is that reasoning is permissible As the administration is not obligated to give reasons for its administrative decisions unless there is a legal text that obliges the administration to give reasons for its administrative decisions whereby it becames the duty of the administration to justify its decisions .However there is an exception to this general rule .The legislator may oblige administration to give reasons for its decisions in this case the reasoning is obligatory and asset of conditions must be met in the reasoning that the reasoning be contemporary direct

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Resolving The Conflict Between International Norms And Norms From An Objective Point Of View, Burooj Hussein Ali, Ahmed Abd Al-Razzaq Attended Feb 2025

Resolving The Conflict Between International Norms And Norms From An Objective Point Of View, Burooj Hussein Ali, Ahmed Abd Al-Razzaq Attended

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The position of the exceptional jus cogens rules in the international legal structure was a motive to protect this category of rules from what contradicts or conflicts with them from lower rules located in the system itself, so the issue of confronting or invoking solutions in this part is not an easy thing, especially due to the clinging of all the contracting parties With their own benefit at the expense of others, which in the end cost the emergence of conflicts that could shake the stability of the international community, and yet the International Law Committee had nothing but an …

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The Right Of Persons With Disabilities To Technical And Vocational Education, Shamim Mazhar Radi Feb 2025

The Right Of Persons With Disabilities To Technical And Vocational Education, Shamim Mazhar Radi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

That "the right of persons with disabilities to technical and vocational education" is a human right recognized by the United Nations in international conventions, the most important of which are the International Convention on Vocational and Technical Education of 1989 and the Convention on the Rights of Persons with Disabilities of 2006; This is to ensure that persons with disabilities obtain technical and vocational education without discrimination against them because of disability. These agreements also dealt with the right of persons with disabilities to obtain technical and vocational education to ensure their chances of obtaining a profession due to the …

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Terrorist Financing Crime, Nora Adnan Jihad Feb 2025

Terrorist Financing Crime, Nora Adnan Jihad

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

It is not possible to talk about terrorism without talking about financing, because the latter is like blood in the body in relation to terrorist operations, as money comes at the forefront of the needs of terrorist organizations, whether to prepare and train their members, or provide logistical means in terms of accommodation, clothing, food, transportation, or the acquisition of weapons. and explosives. As for the most important means of eliminating the crime of financing terrorism, which is of a long range in its seriousness, as is the case with most terrorist crimes, so the goal of combating terrorist financing …

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Social Media Between Freedom Of Expression And Criminalization, Rana Ammar Saeed Feb 2025

Social Media Between Freedom Of Expression And Criminalization, Rana Ammar Saeed

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The increasing use of social media in a variety of applications has become a breeding ground for criticism and bullying, which may interfere with freedom of expression; Although freedom of opinion and expression is one of the most important rights that a person enjoys, it is subject to a series of controls and restrictions that govern its practice in some way, especially with the multiplicity of platforms that allow individuals to express their opinions.There is no doubt that the abuse of the right to freedom of expression takes many forms, most notablyCalling for hatred (religious, racist, national) that constitutes incitement …

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The Strict Liability Of The Carrier By Agreement In Accordance With The Warsaw Conventions 1929 And Montreal 1999, Rasha Qasam Feb 2025

The Strict Liability Of The Carrier By Agreement In Accordance With The Warsaw Conventions 1929 And Montreal 1999, Rasha Qasam

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The principle of unlimited liability of the air carrier is summed up in its content by obligating the air carrier to pay compensation equal to the true value of the damages caused to the passenger, baggage or goods carried by the aircraft, and exceeding the maximum limits for compensation amounts decided by the Convention - the authors of the Warsaw Convention made this principle an exception to the principle of non-responsibility The limited liability does not rise except in specific exceptional cases that require stricter liability, and the Warsaw Convention also permitted the tightening of the air carrier’s liability by …

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International And National Procedures For Confiscating And Recovering Proceeds From Financial Crimes, Yasir Hussein Ali Feb 2025

International And National Procedures For Confiscating And Recovering Proceeds From Financial Crimes, Yasir Hussein Ali

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Countries at the national level and the international community have have sought to besiege the perpetrators of financial crimes and strip them of the idea and philosophy of a safe haven, to develop many international and regional agreements and decisions that stress the responsibility of states and encourage them to adopt national and international policies aimed at enhancing the actual prosecution of perpetrators of financial crimes. In addition to recovering and restoring countries for their proceeds from these crimes, and here the research showed the most important measures taken in order to recover the proceeds derived from financial crimes, with …

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The Legal Nature Of Virtual Digital Currencies, Ali Fadalah Musa Feb 2025

The Legal Nature Of Virtual Digital Currencies, Ali Fadalah Musa

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Virtual digital currencies are considered one of the most important technological developments that have taken speed in place in society, whether at the national level or at the global kevel, and this is what led to the electronic commerce, which in turn made merchants take advantage of them in their daily transactions better than referring to traditional paper currencies to accomplish their business.However, any modern technology must be marred by a number of negatives that may affect it in the future.Unless it is processed within the countries themselves . This type of currency has no legal regulation, just as its …

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Criminal Responsibility For The Crime Of Intentionally Transmitting The Corona Virus, Nour Saad Mohammed Feb 2025

Criminal Responsibility For The Crime Of Intentionally Transmitting The Corona Virus, Nour Saad Mohammed

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

In the midst of scientific development, especially technical and technological development. The need for penal laws to protect basic human rights is increasing. especially his right to life and not to jeopardize his right to that, In order to limit the spread of the Corona virus, the size of the negative effects must be the role of the criminal law against those who transmit the virus infection, by punishing them and taking precautionary measures against them, in addition to that, it is necessary to activate the means of intimidation and enticement for people who think of violating orders and instructions …

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The Role Of Criminal Policy In Iraq In Protecting And Improving The Environment, Marwa Hassan Laibi, Israa Saeed Al Saadi Feb 2025

The Role Of Criminal Policy In Iraq In Protecting And Improving The Environment, Marwa Hassan Laibi, Israa Saeed Al Saadi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The universe forms with all its elements a coherent and parallel unit. Every imbalance in this delicate balance leads to endangering life on the earth. Until the last century, human activities were among the natural factors that bring about slow changes in the surrounding environment. However, the dawn of the industrial revolution, the increase in population, the growth of agricultural and industrial investments, technological progress and the wasteful exploitation of natural resources, all of this caused damage to the environment and posed a danger that cannot be underestimated, in which the balance of the natural and human elements that make …

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Slavery And Similar Practices In Contemporary International Law, وسن نزار رجي مزيد Feb 2025

Slavery And Similar Practices In Contemporary International Law, وسن نزار رجي مزيد

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Slavery represents a social phenomenon based on the strong man’s exploitation of a weak man, and this image represents slavery in the beginnings of primitive human society, whose concept and forms changed with the development of human society. of similar practices. This study comes to shed light on the concept of slavery and how it arose, and the position of international treaties on practices similar to slavery and the crime of human trafficking.

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الحق في الرعاية الصحية وأثره على التنمية المستدامة, عباس قاسم محمد الماجدي Feb 2025

الحق في الرعاية الصحية وأثره على التنمية المستدامة, عباس قاسم محمد الماجدي

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The citizen's right to health is not enough to be stipulated in charters and legislation, but more importantly is how to embody this right on the ground and within the local legislation of each country, where the right to health care is emphasized as one of the basic rights, without which a person will not be able to enjoy Other rights: economic, political and social rights. It includes the right to optimum physical and mental health. Since the right to health care is not absolute in itself, The efficiency of its implementation depends on the ability of the administrative, institutional …

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Legal Regulation Of The Human Right To A Clean Environment, Hussein Fayyadh Nayyef Feb 2025

Legal Regulation Of The Human Right To A Clean Environment, Hussein Fayyadh Nayyef

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

This study revolves around the nature of the rules and provisions concerned with the protection of the environment at the level of international law, and do these rules and provisions guarantee the provision of real protection for the environment, especially in the present time often exposed to the natural environment with its various elements to a lot of abuses and attacks that led to its deadly, because The environment is one of the human rights that have entered under the rights of the third generation or what is called the rights of solidarity, as a clean environment is a sacred …

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دور تقلبات وازمات أسواق الأو ارق المالية في تفعيل نماذج صناع السوق, Alaa Ahmed Abbas, Haifaa Mezher Al Saadi Feb 2025

دور تقلبات وازمات أسواق الأو ارق المالية في تفعيل نماذج صناع السوق, Alaa Ahmed Abbas, Haifaa Mezher Al Saadi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The stock market maker is considered one of the most important influences on the stock market with its ability to strike a balance between supply and demand, find fair pricing, reduce the number of speculators, support investors and also provide liquidity and control fluctuations and crises that occur in the stock market, but we find that. The texts regulating how the market maker performs its activity by making one or more securities markets are absent in the Iraqi legislation. Accordingly, we address in this study a very important topic, which is the legal organization of the stock market maker, the …

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The Positive Compatibility Between The Assignment Of The Contract And The Law Of The Contract Comparative Study With The French And English Laws, Zahraa Salman Enad, Jaliel Hasan Al-Saiedy Feb 2025

The Positive Compatibility Between The Assignment Of The Contract And The Law Of The Contract Comparative Study With The French And English Laws, Zahraa Salman Enad, Jaliel Hasan Al-Saiedy

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

It is known that there are different legal principles that must be respected by the parties to the contract, because they constitute a law of the contract, and are represented in the principle of binding force, and the principle of relative effect, as the contractual obligations arising correctly take the place of the law, where they must be respected by the parties to the contract, not Cancellation or modification except with the consent of the parties, and since the assignment of the contract makes the transferor outside the contractual stage where a third party replaces him in the contractual bond …

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The Right To The Protection Of Personal Data Under The Constitution Of The Republic Of Iraq For The Year 2005, شميم مزهر راضي Feb 2025

The Right To The Protection Of Personal Data Under The Constitution Of The Republic Of Iraq For The Year 2005, شميم مزهر راضي

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The “right to protect personal data” is one of the basic human rights, and it has been recognized by the United Nations to preserve the personal data of individuals from the risks that they may be exposed to, so it is necessary to protect personal data legally, by enforcing this right constitutionally, in addition to the legal guarantees for this The right, , so we decided to address this issue by researching the meaning of the right to protect personal data, and the characteristics of the right, and the position of the Constitution of the Republic of Iraq for the …

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Legal Problems In Self-Executing Contracts, Ammar Abdul Hussain Ali Shah, Jalil Hassan Al-Saadi Feb 2025

Legal Problems In Self-Executing Contracts, Ammar Abdul Hussain Ali Shah, Jalil Hassan Al-Saadi

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The smart programs operating in the digital container represented by the blockchain platforms or other smart digital platforms that support the smart contracting process conclude and implement these contractual models based on the contractual instructions and protocols provided by the contractors. These programs are characterized by multiple characteristics, most notably independence in taking The appropriate decision in the interest of the contracting employee. The truth is that the novelty of the emergence of this contractual method and its finding in the legal arena has produced many legal problems and difficulties for us, due to the lack of legal studies and …

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Family Protection In International Humanitarian Law, Emad Al-Din Muhammad Dawood Feb 2025

Family Protection In International Humanitarian Law, Emad Al-Din Muhammad Dawood

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The most important areas of family protection in international law are two very important issues. The first issue is the need for countries hosting refugees to work on family reunification. This is an obligation, if not expressly stipulated in asylum law, but it derives its basis from international human rights law. Human rights, international humanitarian law, and children’s rights law. The second is to take into account the personal status of the refugee family related to issues of marriage and divorce and the resulting effects, and to issue civil documents and personal documents to prove legal identity in order to …

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Commitment To Confidentiality In Professional Contracts, Arshad Taha Khattab Feb 2025

Commitment To Confidentiality In Professional Contracts, Arshad Taha Khattab

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Professional secrets and their preservation, the fields that you write, are of great importance in the confidentiality relations of professionals from the important matters in the profession, because partnership with professional secrets, concealing them, his works, his works, my land, the honor of honor and honesty, and that their disclosure leads to the establishment of Social protection prevents protect, maintain, legal prohibition prevents you from securing insurance protection, disclosure, security, security, security, maintain, there was a communication contract attached to its attachments and installed

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