The sale of Sidewalk area is an analytical study in Iraqi legislation
Beark Fares Hussein
Al - Jubouri
Faculty of Law, University of Tikrit, Salahuddin
author
text
article
2018
ara
Sale contract is the most important contracts in daily life. It has many pictures according to the sold thing .One of those images is the sale contract of the pavement space organized by the Iraqi legislator in texts scattered in the folds of the laws of legislation and regulations which are in force or not for more than half a century . However, this contract did not take its chance in practical application, causing negligence and resulted waste of large public funds and the disappearance of a significant resource of income of the state and one of the tributaries of the public treasury of money equivalent of the price of selling the pavement space . To highlight this contract And the statement of what it was and what the study was.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
1
35
https://alaw.mosuljournals.com/article_160770_1bfeb54efdfcc5ea677ed07c1c0afcb4.pdf
dx.doi.org/10.33899/alaw.2018.160770
An analysis of the reasons for exempting the maritime carrier from liability in accordance with the rules of Lahay
Ragheed Abdel Hamid
Fatal
Faculty of Law, University of Amman, United Arab Emirates
author
text
article
2018
ara
The contract of maritime carriage of goods establishes several commitments on the carrier, including with regard to goods, and others with regards to the ship. If the carrier breaches those commitments, it will be liable about them. However, notwithstanding the requirements of that responsibility, the Hague Rules allowed the maritime carrier to be relieved of liability if it proved that the damage was caused by an act listed in the list of reasons for exemption from liability under article 4 of the Convention and which include reasons for exemption which listed exclusively. Each exemption clause of liability is listed in the contract and it is considered as if it did not exist if he comes out of it. This list includes reasons for the ship; the maritime carrier may be exempted from liability because of the ship's lack of navigation, the ship's hidden faults, which can not be identified despite the usual care, sea or navigational error, alteration of the ship's route or direction. The list also includes reasons related to shipload; the defect related to the goods, the decrease in volume and weight during transport, the fault of the party responsible for loading and shipping the goods, as well as the fault of the goods owner, his agent or his representative. The list also includes reasons for exemption from liability not related to the ship and its cargo, namely fire, force majeure, risks and maritime accidents, acts of war, acts of common enemy such as pirates, acts of public authorities or the act of the Emir, judicial detention, as provided for in Article 4-2-q of the Hague Rules.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
36
113
https://alaw.mosuljournals.com/article_160776_88d34fc57ede590042130f68b576cdd6.pdf
dx.doi.org/10.33899/alaw.2018.160776
The principle of transparency in commercial arbitration
Bushra Khaled
Turki
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Mustafa Nateq
Saleh
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2018
ara
The principle of transparency has become widely seen in view because of its practical importance in the commercial field. Transparency has also been adopted in the system of commercial arbitration within the framework of resolving disputes of a certain nature. Consequently, confidentiality has begun to take many changes and developments. Therefore, the principle of secrecy and also its traditional concept had been changed. This traditional concept of secrecy which has been based on keeping any information and non-disclosure of any document or voucher to the third party, that may lead ultimately to the adoption of transparency and the acquaintance of information to all and in accordance with the conventions and international arbitration rules, especially in the UNCITRAL Convention on Transparency of Treaty Arbitration Among International Investors and States.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
114
143
https://alaw.mosuljournals.com/article_160771_350e2a4a8985fc9b837a14067d10aeb5.pdf
dx.doi.org/10.33899/alaw.2018.160771
Legal status and protection of refugees within the scope of international treaty rules
Ziad Abdel Wahab
Al - Nuaimi
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2018
ara
Rights protection for refugees within agreed international rules from a development in the field of defining legal status. This The phenomenon is on old and modern. There should an existence of organizing rules to have a legal status. whether in time of peace or during armed conflicts (international or non-international) there for the united nations agreement in 1951 and the Special Protocol of 1967 were legal system to provide a protection and a legal frame to define legal status within a general frame of the 1949 Geneva and protocols in 1977 to show attitude of humanitarian International law in protect refugees being (civilians) whether during International armed conflicts or non International. The research highlighted upon the legal status and protection for refugees and their protection within international law during peace or armed conflicts.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
144
202
https://alaw.mosuljournals.com/article_160777_90b94f3e8702bf7a12b2a30897cf6f96.pdf
dx.doi.org/10.33899/alaw.2018.160777
Role of regional organizations in peacekeeping operations
Hala Ahmed Mohammed
Al-douri
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2018
ara
The Charter of the United enshrines Chapter VIII of regional arrangements or agencies dealing with matters relating to the maintenance of international peace and security where regional action is appropriate and in conformity with the purposes and principles of the United Nations ; The Cold War missed the opportunity to make the right use of Chapter VIII; at that time, regional arrangements were in fact sometimes impeding the resolution of disputes by the peaceful means provided for in the Charter and the Charter deliberately omitting any precise definition of arrangements And regional organizations, thus allowing for the useful flexibility of attempts by States to deal with something in which regional action is appropriate and can also contribute to the maintenance of international peace and security. In the past, regional arrangements have often been made because of the absence of a global system of collective security; their activities can sometimes conflict with their objectives with the sense of solidarity required to ensure the effectiveness of the world Organization; To provide a great service if its activities are carried out in conformity with the purposes and principles of the Charter.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
203
241
https://alaw.mosuljournals.com/article_160772_ef31c385650330f5ed75451a6efa2892.pdf
dx.doi.org/10.33899/alaw.2018.160772
Impacts of invalidity for others
Akram Mahmoud
Hussein
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Hind Faleh
Mahmoud
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2018
ara
If the act was nullity it has no effect , and if the act enters into a contract interactive , the commitments which was created will disappear , If these commitments doesn’t implemented it must reply parties to their centers before contracting whenever possible, if one of the parties had acted in a right that had him under his wrong acting , so his acting will be wrong with The rule that ((what built on falsehood is false)), Originated from this logical base a principle include that acting wrongs don't arrange the impact , However, this often inimical to justice when it is applied because the nullity contract might be implemented and maintained a certain entity so it’s founding and implemented successor a centers and interests worthy of protection, And these interests may be worth to care from the ones that should be protect , as well as the application principle of non-impact on nullity contract may lead to many economic and social consequences of that ominous, So the legislator try to avoid those results with some exceptions that have as a consequence the protection of good faith and stability of transactions , but public interest require that protection for their sponsorship of public credit and ethnocentrism legitimate confidence lulled people.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
242
277
https://alaw.mosuljournals.com/article_160778_f36cf9f91d9b2611304e0395f9b372ff.pdf
dx.doi.org/10.33899/alaw.2018.160778
Reverse Forced Implementation: A comparative study
Yasser Bassem
Thunoun
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Saddam Khazal
Yahya
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2018
ara
The counter execution in the civil judicial judgments is a kind of obligation execution commenced by the previous debtor who turns out to be a creditor after the judgment of cancelation has been issued for his interest from the court of cassation against the previous creditor who has become a debtor after that , a case which requires reinstatement between the two parties before the original execution , and the cancelation of the previous executive procedures , in addition to the requirement on the part of the debtor after the cancelation , the creditor previously , to pay in ram what has already been received by the previous debtor after the cancelation.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
278
332
https://alaw.mosuljournals.com/article_160773_a1a9ce2689535c93a748fd5271b1d9f1.pdf
dx.doi.org/10.33899/alaw.2018.160773
The legal description of criminal conduct
Mohammed Hussein
Al-Hamdani
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Khaled Awny Khattab
Al Mokhtar
Directorate of passports of Nineveh, Mosul, Iraq
author
text
article
2018
ara
The legal description of criminal behavior is in accordance with the principle of criminal legality, which states that "a crime and a penalty shall only be based on a law." This principle requires the legislator to describe the criminal behavior as a precise description of the conditions that must be met in the conduct so that this description takes its role in the field of criminalization, Without this description, criminal legal certainty is not achieved, and its legal importance in criminalization is that it helps to present the vocabulary of crimes in a logical manner. The person who has a statement of conduct which constitutes a crime and the penalty that the perpetrator is committing is the legislator, through the legal texts that he establishes. The judge's authority is determined within the limits of the text, since he can not regard a behavior as a crime، Whatever the behavior is contrary to morality or harmful to the interest, and this means that determining the legal description of conduct as a criminal of the task of the legislature, either finding the appropriate description of a certain behavior is the work of the judge, which is expressed by the process of legal adaptation, and through the judge's understanding of the incident presented In front of him, he understood the law in fact and matched one on the Another, and then give the appropriate legal description.
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
333
357
https://alaw.mosuljournals.com/article_160779_b0519d01ad072d3e20ef05f932593d8d.pdf
dx.doi.org/10.33899/alaw.2018.160779
Excessive administrative decision
Kedar Abdelkader
Saleh
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
Naktal Ibrahim
Abdel Rahman
Public Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2018
ara
Excess or lack of proportionality is because of disproportion of the reason of the decision with its subject . Any incompatibility of the legal basis for the administration in its decision with the impact of this decision، as the proportionality usually requires no huperbole that means the incompatibility of the reason with the subject . Hyperbole can be achieued not only by the excessive impose of severe pumishment . but also on the side of excession lie . the exassive compromise، indulgence and exassive compassion becase the excessive pamishment will lead to the rejection of individuals and their loss of confidence in dealing whith the administration، and therfor thay will debar from working with the excessive pamishment will lead to the rejection of individuals and their loss of confidence in dealing with the administration ، and therefore they will deber from working with pablicutilities and this will lead to the diraption of its progress . Not pity، the extreme leniency would make the employee beriolicluoys of administration punishment and gets the case of rebellion and tyranny as well as the disruption of publicutility . The criterion of hyperbole is a objective standard، not a personal that strengthen mismatch between the reason of the administrative decision and its subject which are considered its ultimate effects، ine . there must be proportionality between the gravity of the act committed by a trader with the administration with the penalty imposed and that must be the act and gravity justified to make the decision or to impose punishment .
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
358
393
https://alaw.mosuljournals.com/article_160774_885fc61e6061f7c3452e0f5834b5842f.pdf
dx.doi.org/10.33899/alaw.2018.160774
Free of discrimination appeal from the name of the opponent
Bashar Ahmed
Al-Jubouri
Ninewa Federal Court of Appeal, Mosul, Iraq
author
text
article
2018
ara
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
394
399
https://alaw.mosuljournals.com/article_160780_3fbcf58121160691ce020e044b370a50.pdf
dx.doi.org/10.33899/alaw.2018.160780
A new meaning of pay and guarantee rule do not gather
Fathi Ali
Fathi
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2018
ara
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
400
404
https://alaw.mosuljournals.com/article_160775_08f5bb9720cd028b2ff6cb527ec2190a.pdf
dx.doi.org/10.33899/alaw.2018.160775
Article on the web (Legal consultations through websites)
Rawa Younis
Al - Najjar
Private Law, Faculty of Law, University of Mosul, Mosul, Iraq
author
text
article
2018
ara
Al-rafidain of Law
College Of Law-University of Mosul
1819-1746
20
v.
64
no.
2018
405
410
https://alaw.mosuljournals.com/article_160781_bcbb9250e2a2511a500bcdc22b110395.pdf
dx.doi.org/10.33899/alaw.2018.160781