The role of the Personal Status Law in the care of women's physical health
Nadya Khayr Alden
Aziz
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2011
ara
This research shows that personal status law plays an important role in the provision of care for women's health, both psychologically and physically. One of the most important issues of the family is women, who represent half the society. In relation to their rights, the provisions of which were found in the Islamic jurisprudence, and the evidence of their jurists was based on the evidence they had with the wisdom of legislating this issue, and most of them, as will be explained in this paper.The guide to women's care and its impact on its health will be supported by much medical evidence and Miraculous Miracles contained in this Sharia, which is given permanent evidence and over the years it is legitimate all the time and place.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
16
v.
49
no.
2011
1
77
https://alaw.mosuljournals.com/article_160618_238ae5edaace506505c7963d8143e673.pdf
dx.doi.org/10.33899/alaw.2011.160618
Business data - Comparative Legal Study
Saddam Saad Allah Muhammad
Al- Bayati
Faculty of Law, University of Kirkuk, Kirkuk, Iraq
author
text
article
2011
ara
The commercial data, whether denotes the kind of product, goods, maker, or the manufacturer or his method in manufacturing or contain explanation of the elements entering in the structure of the goods, the way of usage, how to take benefit from, or also if there are any privileges, patents concerning the shape or name of the data, therefore, we can say that all the kinds or data figures which were mentioned above, that explain the characteristics and specifications of the product, goods and the service, whish must be identical to the truth and regardless the place or position whish is placed on connected with. If it was‘t like that then the trader, the producer and the presenter of service would follow different means of attraction which depends on the exaggeration in supplying these characteristics to the point of misbranding.The person who makes use of the data has the right to charge its owner because he takes an act of illegal competition. As a result, he can ask for the compensation for the damages caused.Accordingly and due to the serious damages which result from this action, it's better for the legislator to face this negative phenomenon of illegal circulating for such products, goods and services.Perhaps the most important thing which stimulates us conduct this research is fact that in Iraq there isn‘t general legislation for the rules of commercial data, but are scattered between more than one law, especially after the revision of the Iraq law of brands and commercial data no.(21) in (1957) which was amended by the order of the CPA (coalition provincial authority) no.(80) issued on (26th) of April (2004) and also the Iraq law of measurement and quality control no. (29) of (1982) and others.Moreover, the application of provisions of these laws on the goods, products, and services in the Iraq market are missing or barely clear which led to the circulation of many cases of industrial and commercial misbranding, that we must fight by putting determent measures, which have a negative effect not only on the consumer, but it affects the national economy, besides, the rarity of jurisprudence writing in this subject.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
16
v.
49
no.
2011
78
141
https://alaw.mosuljournals.com/article_160623_6e0acd99aa8faf9719a57554218017a0.pdf
dx.doi.org/10.33899/alaw.2011.160623
The legal position of property buyers by public auction - A Comparative Juristic Study
Shokur Mahmood
Al-Salem
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2011
ara
It is recognized in the law that the texts are identical and the incidents are not final. In this regard, we discussed the ownership of the property purchased in a tender wayI have moved by awarding the bid and paying the price so that the buyer becomes an opponent in the lawsuit filed against him or against him, but we have not been to discuss the details of the detailsIn addition, specialized research did not take placeThe subject of the legal and substantive center and the procedural legal center of the purchaser of the real estate and the relationship between them
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
16
v.
49
no.
2011
142
169
https://alaw.mosuljournals.com/article_160619_20b6e77eac30156ed62c0f36546b6479.pdf
dx.doi.org/10.33899/alaw.2011.160619
The legal basis for responsibility for dangerous things in front of the Iraqi judiciary
Mohammad Taher
Qasim
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2011
ara
Scientific and technical progress has had a major impact on the development of the society towards increasing the use of machines, machines and dangerous objects which are currently necessary to satisfy the needs of the individual and satisfy his desires for their services and welfare, so it is important to take care and caution and take all the requirements for the quick use. These machines and objects may cause damage to persons such as car accidents, factory or laboratory injuries, electric injuries, and many other injuries caused by machines and objects.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
16
v.
49
no.
2011
170
221
https://alaw.mosuljournals.com/article_160624_e8c44728e966776fd68515bfabfa709e.pdf
dx.doi.org/10.33899/alaw.2011.160624
The constitutionality of taxes in Iraq
Amer Ayyash
Abd
Faculty of Law, University of Tikrit, Salah al-Din, Iraq
author
Ahmad KHalaf
Hosain
Faculty of Law, University of Tikrit, Salah al-Din, Iraq
author
text
article
2011
ara
In this study, we discussed in detail a set of constitutional principles and rights that are directly related to taxation, namely, the principle of tax law, the right to equality, the right to property and the right to litigation in the Constitution of the effective Republic of Iraq and the constitutions of the Arab States, as well as the French and American constitutions. They are all guaranteed and safeguarded. However, the effort exerted in drafting the constitutional principles and rights related to taxation in Iraq has not borne fruit. The Iraqi tax laws have struck a mark on all these rights and freedoms. There has been a wave of violations, violations, and aggression against these principles and rights. Laws, where the texts represented a violation of all these rights, while the laws of real estate tax, income tax, customs tax and sales tax and tax on the transfer of ownership of the property or the right to dispose of the right of ownership but violated the rights, we would only call the legislator tax To amend these laws in a manner in which all these violations are lifted and given the constitutional status that they have lost for a long period of time.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
16
v.
49
no.
2011
222
299
https://alaw.mosuljournals.com/article_160620_a0fe48458c94493f9c7caa7711ff0eac.pdf
dx.doi.org/10.33899/alaw.2011.160620
Motivation, goal, and their importance in penal law
Hussein Abd
Ali
Faculty of Law and Politics, University of Sulaymaniyah, Sulaymaniyah, Iraq
author
text
article
2011
ara
The issue of criminal behavior is one of the important theoretical issues in criminal law. It reveals, on the one hand, the internal (psychological) causes of a specific crime (the emergence of motivation) and, on the other hand, demonstrates the dynamics of the development of the criminal act itself, And to achieve the results punishable by law. The importance of investigating the underlying causes of crime is also important. The actualization of the truth in the criminal case is based primarily on the detection of the motives and objectives of the crime committed.The importance of research on the motives and objectives of the crime is highlighted in its relevance to a number of important issues in criminal law, including the basis and uniqueness of criminal responsibility, the moral element of crime, criminal jurisdiction, circumstances excluded from the seriousness of the incident and the delineation of the stages of criminal activity. The purpose of this research is to examine the motives and objectives of the crime, to highlight its importance in criminal activity, to determine its role in the commission of crimes, and to avoid punishment.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
16
v.
49
no.
2011
300
335
https://alaw.mosuljournals.com/article_160625_40f0113f2b2ade8f6dfd85394d6738d2.pdf
dx.doi.org/10.33899/alaw.2011.160625
DNA and its role in criminal evidence
Mohammad Hosain
Al-Hamdany
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2011
ara
Although forensic medicine and traditional forensic evidence have found perpetrators of major and sometimes mysterious crimes and dismantled gangs that have practiced all forms of crime and destruction aimed at the destruction of society and have recorded significant and significant victories in the world of crime and evidence. However, the revolution that has taken place in the world of genes in general and the DNA technology and its entry into the field of criminal evidence at present is a significant change in the field of forensic evidence and the detection of crimes, especially if we know that this DNA is called a genetic fingerprint. Size is responsible for the transmission of genetically programmed traits across generations with integrity, achieving uniqueness and distinctiveness of each race
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
16
v.
49
no.
2011
336
368
https://alaw.mosuljournals.com/article_160621_8324964475eb65e4df5a3205612ad7de.pdf
dx.doi.org/10.33899/alaw.2011.160621
The Role of the Federal Court in the Protection of Human Rights in Iraq
Dawlat Ahmad
Abdullah
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Baida Abd al-Jawad Mohammed
Tawfik
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2011
ara
The effective guarantee of human rights and freedoms is done only through the enactment of laws under the scrutiny of the judiciary to exercise its effective role in scrutinizing them and whether or not they conform to the constitution and its content by monitoring the constitutionality of the laws. Since the establishment of the Iraqi state, In real and real terms, despite the text of some constitutions And the lack of any other text suggests this oversight and the formation of a court in which the control has been applied. It is practised only in specific cases and by the ordinary judiciary. However, after the occupation of Iraq in 2003, the Iraqi State Administration Law for the transitional phase was abolished and clearly the adoption of this supervision and the formation of a court, Followed by Order No. 30 of 2005 to serve as the internal law of the Court, followed by the 2005 Constitution
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
16
v.
49
no.
2011
368
403
https://alaw.mosuljournals.com/article_160626_96167c489b6d4c7a67d0583905c6b5f5.pdf
dx.doi.org/10.33899/alaw.2011.160626
The impact of the objectivity of the contractual will at the negotiating stage
Akram Mahmood Hosain
Al-Bado
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Mohammad Siddiq Mohammad
Abdullah
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2011
ara
While acknowledging that the traditional concept of contractual freedom has changed, we go further and say that relying on this change is not the reason for good faith, but the idea is far and far greater than the principle of good will. It is in the direction of the objectivity of contractual will, The need to give contractual freedom in a way that does not contradict the principles of the concept of objectivity, which is the stability of transactions and justice, as well as non-violation of public order and ethics. In other words, the principle of good faith is an integral part of the idea of objectivity, since the good will be verified by the judge and the obligations imposed on him according to the concept of natural law in his modern sense and influenced by the public interest and customs and religious and moral norms and social and economic conditions.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
16
v.
49
no.
2011
404
448
https://alaw.mosuljournals.com/article_160622_e06901b022c3b9e0d14d8f8101aba443.pdf
dx.doi.org/10.33899/alaw.2011.160622