Legal regulation of foreign real estate investment
Mohannad Ibrahim
Fendi
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Bushra Khalid
Turki
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2013
ara
Because of the importance of the role played by foreign investments, the State seeks to create aconvenient investment climate to encourage them alongside national investments through the enactment of specific laws and regulations to facilitate the operations of foreign investment, especially in real estate and amend ones which contradict them to be able to get the maximum amount of foreign investment and this what Iraqi legislator seeks through the issuance of a number of laws and regulations that have helped to achieve the prosperity of economic life including of the system of foreign investment in Iraq in all areas of real estate, industry and agriculture. This study examines the ability of this legislation to attract the foreign investments including the provisions of the rights of the investor and the limitation of its obligations..
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
18
v.
58
no.
2013
1
38
https://alaw.mosuljournals.com/article_160718_71e6cd733e8c1cf2e298a9c71261818f.pdf
dx.doi.org/10.33899/alaw.2013.160718
Transfer of ownership in the contract for the sale of residential real estate Ready
Qusay Salman
Hilal
Department of Law, Cihan University, Erbil, Iraq
author
text
article
2013
ara
It is worth-bearing in mind that owing to the lack of the Iraqi law from a legislation regulating the contractual relationship between the contracting parties of the contract of sale of the ready-made residential real properties, the buyer does not have sufficient guaranties ensuring his rights, especially his right in the transfer of the ownership. Therefore this transfer cannot be realized at the time of contracting, because the buyer pays the instatements of price, and ends up paying them before the transfer of the ownership of the residential unit to the buyer, therefore, it is necessary to amend the texts of the real property registration law, in order to permit the gradual transfer of the ownership of the residential unit to the buyer, according to the graduation of the execution of other contractual obligations, or the transfer of the ownership of land at the time of contracting, in order for the buyer to demand the correction of the genre of the real property at the time when the building is finished. It is worth-nothing that radical treatment of the problem of the transfer of property of the residential unit to the buyer, by enacting a legislation regulating the relationship between the contracting parties of the contract of sale of the ready-made residential real properties, including the advertisement of these sales, to give the buyer some guaranties ensuring his rights, particularly his right of the ownership of the real property which he has bought. .
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
18
v.
58
no.
2013
39
64
https://alaw.mosuljournals.com/article_160722_d9379b99d88c8aad046b60af3332dc99.pdf
dx.doi.org/10.33899/alaw.2013.160722
Terms of the contract in English law A comparative analysis with the conditions attached to the contract in the Iraqi civil law
Younis Salah Eddin
Ali
Department of Law, Cihan University, Erbil, Iraq
author
text
article
2013
ara
It is worth-bearing in mind that the contract is made up of various statements, promises and stipulations, which are grouped together under the word (terms). The term may be express or implied. It is to be also that the terms of the contract determine the extent of each party’s right and duties. The terms of the contract can also be classified into conditions, warranties and innominate terms. Conditions in the English law are so important terms that they are closely related to the essence of the contract and considered as the heart of the contract. The warranties are contractual statements of lesser importance and they are not regarded as vital or essential to realize the main purpose of the contract, whereas innominate terms are considered as intermediate ones. It should also be noted that the Iraqi civil law has organized the conditions associated with the contract, and classified term into valid, corrupt and void conditions.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
18
v.
58
no.
2013
65
114
https://alaw.mosuljournals.com/article_160719_094cb5ab89bc6d779d37f4e3ab463ffa.pdf
dx.doi.org/10.33899/alaw.2013.160719
Independent oversight bodies on the implementation of the state budget in Iraqi legislation
Abdul Basset Ali Jassim
Al-Zubaidi
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Omar Ghanem
Hamid
Office of Financial Supervision, Mosul, Iraq
author
text
article
2013
ara
. The bodies exercising the operation of controlling the public finance in a state are numerous . What matters us in this study is the control of independent boards. This study attempts at providing an image depicting the impact of the independent boards on executing the public badget in the Iraqi legislation by the board of public integrity and the board of financial Superaudit. the study has tackled the most important authorities .jurisdictions and the forms of control possessed by both the board of integrity under its low no. (30) in 2011 and the board of financial Superaudit under its low no. (31) in 2011 to exercise their role of control,attempting at diagnosing the points of weaknesses from which these two lows suffer ,since they are deemed to be the independent control bodies in Iraqi concerned with fighting the phenomenon of administrative and financial corruption in Iraqi and maintaing the public finance.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
18
v.
58
no.
2013
115
155
https://alaw.mosuljournals.com/article_160723_13dfe6b87405a946e3a20f8344a458e0.pdf
dx.doi.org/10.33899/alaw.2013.160723
The impact of emergency conditions in the implementation of the administrative contract
Hassan Mohamed Ali Hassan
Al-Banan
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2013
ara
When the economies of contract are seriously affected due to exceptional circumstances that could not be expected at the moment of signing the contract , the execution becomes much more difficult on the contractor s part . this brings forth more loss exceeding the familiar normal loss in normal dealing . thus the contractor has the right for asking help from the administration to overcome such circumstances and in order to take part in assuming the responsibility of the loss . this is the core of the theory of emergent circumstances regulated by Article 146 - 2 of the Iraqi civil law no . 40 - 1951 , which deals mainly with committing the harmed contractor to keeping on the execution of the contract . on his part , on the one hand committing the contracting administration to compensating the harmed contractor , on the other hand.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
18
v.
58
no.
2013
156
218
https://alaw.mosuljournals.com/article_160720_b90a1fa0d7e3cf59f7303f9f7197cd47.pdf
dx.doi.org/10.33899/alaw.2013.160720
Penal protection of the child at risk
Osama Ahmed Mohammed
Al Nuaimi
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2013
ara
It is known that the child by virtue of its composition and organic mental does not have the ability to protect itself from the risk that displays his life and physical integrity, mental or moral or educational risk, and does not have the ability to perceive what the dangers that beset him or that might be exposed, especially in the early years of age, but these considerations tend laws to give the penal protection of the child from the cases exposed to risk by criminalizing acts or behaviors that would endanger the lives of the child or his physical or mental, moral or educational risk if not achieved by actual harm, and within this trend will come Project Child Protection Act, which included Iraqi penal provisions for the protection of children from exposure to risk situations .The aim of research on the subject of the penal protection of the child at risk to stand on the criminal policy of preventive lawmaker Iraq for a class of children at risk in the light of the draft Law on the Protection of the Child, and how they differ from the policy pursued by the legislator in the Penal Code No. 111 of 1969 amended or agreed with him, although the passage of four and a half decades on the promulgation of the law the latter, as well as stand on the effectiveness of such protection or limitations, especially with the spread of the phenomena of abandoned children, street children, which have become of dangerous phenomena and deployed widely in recent decades, and posed by these phenomena risk of pithy the organic virtue composition baby and mental development.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
18
v.
58
no.
2013
219
266
https://alaw.mosuljournals.com/article_160724_533bf89ec9f73243e33ec4f00d21dd51.pdf
dx.doi.org/10.33899/alaw.2013.160724
Certification of the irreversibility
Ahmed Hameed Saeed
Al-Nuaimi
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Abdullah Salem
Abdullah
Ninawa Health Department, Mosul, Iraq
author
text
article
2013
ara
Revocability is returning a wife of an actual consummated marriage after a revocable divorce . Testifying the revocability Raja is an ordinance by agreement of the jurists. but the difference of opinion revolves around the intended meaning of the ordinance: whether it is expressive of obligation or recommendation. However, the preponderant opinion is that testifying the revocability Raja is expressive of obligation since it makes it easy to prove revocability Raja when there is denial and to reduce cases of divorce when the husband becomes aware of the serious effects consequenton him.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
18
v.
58
no.
2013
235
363
https://alaw.mosuljournals.com/article_160721_3f33d2cdab59e9ada6a02364839cae05.pdf
dx.doi.org/10.33899/alaw.2013.160721
Modern justifications for the use of force in the context of the collective security system
Mohammed Younis Yahya
Al - Sayegh
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Iyad Yunus Muhammad
Alsakaly
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2013
ara
Due to the vast development occurring in the international relations particularly after the end of World War II and the establishment of UN organization, the fierce rivalry between the eastern and western camps, and the eruption of what is called 'the cold war' between these camps, the bipolarity system has predominated over the international system then. However, this war has ended up with the collapse of the former USSR and its break up into republics of White Russia and the preeminence of the western camp headed by USA in the international field. Consequently, this has led to the predomination of the concept unipolarity system over the contemporary world system, In addition to the predomination of USA over the UN Security Council and the issuing of decisions in line with its basic national interests, a case which is considered an instrument to intervene in whatever country it likes under many recent pretexts never witnessed by the international law, such as the intervention by use of force in countries for humanitarian considerations and the intervention for establishing or reinstating democracy. All this can done within the framework of UN Charter based collective security system, a case which has not been agreed upon by the international jurists and has been condemned by the international community, since it is a use of force under these pretexts and under the collective security system, and since it largely lacks the international legal legitimacy and the public international consent, a case which has never happened in such interventions by the use of force under these pretexts and unfamiliar justifications occurring in the international system which are not in harmony with the contemporary public international law provisions. .
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
18
v.
58
no.
2013
267
324
https://alaw.mosuljournals.com/article_160725_aadbd5af0d56b3f7097a55da754990c0.pdf
dx.doi.org/10.33899/alaw.2013.160725