تترتب مسؤولية فاعل الضرر عن خطأه اذا الحق المخطيء ضررا بالغير، وهو امر لاخلاف عليه فقها وقانونا، وهو ما يعر ف بـ (الخطا الايجابي). فمتى وقع الضرر قامت مسؤولية المخطيء. ولا فرق هنا بين ناقص الاهلية او عديمها أو كاملها، فكل من الحق ضررا بالغير تحمل فاعل الضرر المسؤولية عن فعله. ولكن الامر ليس سيان بالنسبة للخطا السلبي، فهل تطبق قواعد الخطا الايجابي في حالة ارتكاب الضرر نتيجة لخطأ سلبي؟. بمعنى آخر هل يتحمل فاعل ال

المسؤولية المدنية الناشئة عن الاعلان التجاري

يتناول البحث دراسة مسؤولية المستثمر المدنية عن تلوث البيئة من حيث اساسها واركانها واثرها

   This research is entitled "International criminal Responsibility for terrorist crimes". Individuals bear the international criminal responsibility for supporting terrorist crimes, whatever their status, whether they are ordinary persons, heads of state or state officials. They could be prosecuting through national or international courts. Although terrorist crimes are not mentioned in the Statute of the International Criminal Court, terrorist groups may be prosecuting before the International Criminal Court when they commit international crimes within the jurisdiction under the Statute of this court, i.e., genocide, crimes against humanity or war crimes. Leaders and officials of States that support terr

The maritime borders of the coastal state are the scene of the human tragedies that we are witnessing in the context of the perilous plight of refugees at sea، and the failure to help people at risk by the coastal state will entail international responsibility towards them، and the three international maritime conventions، commitments aimed at coastal states with the duty to provide assistance and rescue to persons in danger of being lost at sea، is without doubt one of the most basic principles established in the law of the sea، in addition to establishing and operating And maintenance of the search and rescue service، and not to expel them and return them to their country of origin or another country.

Tobacco products of all kinds are harmful to public health, so legislation has paid great attention to regulating the process of tobacco production and distribution, whether at the level of national or international legislation, in a way that achieves legal protection for these products, so the establishment of civil liability for tobacco companies as a result of harm to the smoker The positive and the negative provoked a jurisprudential dispute due to the specificity of the work of these companies, and the jurisprudence differed in the legal nature of tobacco companies ’liability between contractual and tort liability in a way that enables the injured smoker to obtain his right to compensation.

     Tobacco products of all kinds are harmful to public health, so legislation has paid great attention to regulating the process of tobacco production and distribution, whether at the level of national or international legislation, in a way that achieves legal protection for these products, so the establishment of civil liability for tobacco companies as a result of harm to the smoker The positive and the negative provoked a jurisprudential dispute due to the specificity of the work of these companies, and the jurisprudence differed in the legal nature of tobacco companies ’liability between contractual and tort liability in a way that enables the injured smoker to obtain his right to compensation.

        he responsibility system has an important role in various international fields, including the area of ​​the proliferation of small and light weapons, and the destabilization and imbalance that this proliferation causes causes and legal centers, because without them, the agreement rules have no impact and significance, given the guarantees decided by the responsibility to ensure respect for the obligations imposed by that system,  Every action that violates the provisions of international law, whether it comes to a simple violation of an international obligation or a violation of a fundamental obligation that affects the interests of the international community requires the accountabilit

The existence of contractual responsibility, together with civil liability, provoked a profound disagreement in jurisprudence that amounted to a claim to renounce the traditional division between the two responsibilities, and to adhere to uniform rules governing civil liability provisions. These calls have increased and culminated in the writings of the scholar Philip Remy, who explicitly called to the abolition of contractual responsibility, therefore, this research is an attempt to review the modern doctrinal views that denied the existence of contractual responsibility as an independent system Beside civil liability, and to demonstrate the validity to benefit from them in the development of our legislative systems and God conciliator.

In contest of the serious crimes committed by the gangs of the terrorist, it was necessary to shed light on how to prevent their impunity. Therefore, this research came to examine the composition of these gangs, their nature and source of funding, and then the nature of the crimes committed by them, and if their crimes fall in the International criminal law or only within the framework of the Iraqi criminal law, after that we were able to find out the nature of those crimes and thus the best mechanisms that represent the just punishment that these gangs deserve as a punishment for the crimes they committed against the unarmed civilians.