This paper sheds some light on the solutions provided for by the Iraqi legislator regarding securities under the provisions of the Law, No. 78 of 2013 (Law of electronic signature and electronic transactions). Secondly, it explores the legal nature of electronic promissory note and to what extent it can be used instead of the classical promissory note as its continuity as a means of the fulfillment of debts and credits specifically for paying external debts, and as a means of competing with other instrument of electronic pay back of debts. Thirdly, it also clarifies whether this electronic promissory note can be an alternative for electronic signature and acceptance of a promissory note. Further, it explains whether the Iraqi legislator has successfully tackled the issue? Finally, it comes up with certain suggestions in this regard in order to insure finding a successful legal solution for the issue in question.
The community service in its various forms topped up the alternative short term custodial sentence in some crimes, and experience has shown the success of this alternative in sparing the convicted negative effects of custodial sentences in all social, psychological and even economic aspects and on the other hand addressing the problem of overcrowding prisons. This penalty consists of requiring the convicted person to work certain hours in specific areas and within a certain period determined by the legislator. Through comparative analytical studies between Western and Arab legislation, we found there are such major differences in the ways in which [community service] has been worked out that it is impossible, indeed irresponsible, to tra
... Show MoreQuasi-contract is considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that the legal basis of quasi-contract passed into two different stages: in the first stage the English judicature, supported by some juristic opinions regarded it as an implied Contract made by courts to prevent one party from being unjustly enriched at the expense of the other. Whereas in the second stage the English judicature considered it as an independent source of obligation، based upon the law of restitution. and having nothing to do with the law of contract. The Iraqi civil law No. (40) of 1951 regulated
... Show MoreThe economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types. That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.
Civil Forfeiture is a controversial legal process that allows law enforcement authorities to seize assets when there is a suspicion that assets are the proceeds of crime, regardless of the accused’s conviction for crime. This process viewed on the one hand as a strong weapon for targeting criminal assets and means to commit further criminal activity, and on the other hand as a violation of the rights of individuals. Justifications have been introduced to support both sides. This Article examines those justifications, and supports the civil forfeiture system to be applied in Iraq. The Article proposes the core elements that need to be considered in adopting civil forfeiture legislation in Iraq. &
... Show MoreThe current research aims to identify the legal evaluation of the nature of the legislative role of the financial bills proposed by the parliamentary committees in the Iraqi parliament، where the problem of research in the tasks of the Iraqi parliament is to monitor the work of the executive authority، either individually or collectively، in order to verify the The extent to which the executive authority properly implements the state’s general policies، and conducts a kind of political control over its work. The importance of research lies in the fact that setting supreme controls in society، such as the right to legislation، is the most important aspect of sovereignty in the state. In the modern state، parliamentary councils en
... Show MoreThe contribution rate of tax revenues in the federal budget is very small compared to the rate of contribution of oil revenues and this leads to negative repercussions on the Iraqi economy and the budget becomes a prisoner of high and low oil prices, and this is a problem that needs to be studied to know the extent of the impact of economic and political decisions on the size of tax revenue and The research goal is determined in studying the effect of amending the Unified Law No (26) of 2019 on the size of annual tax revenues . &
... Show MoreThe administration concludes two types of civil and administrative contracts, each of which is subject to its own system, and the administrative contract is characterized by a set of exceptional powers towards the contractor in order to compel him to implement his obligations
And that administrative contracts require a large financial and technical possibility to implement them, especially contracts that focus on strategic projects, including general contracting contracts
Which is based on the technical competence and merit of the contractor, and accordingly, delay in the implementation of contractual obligations or negligen
... Show MorePiracy is one of the most important problems faced by sound record producers, because it is a problem that evolves with the development of time and technology, and although piracy is not a new problem, it has received great attention in recent years, because of the means by which (the Internet) and its size result from it, even In many of the ruler, describing it as (the crime of the electronic age) and she participated in the great harm it causes to all the groups involved in it producing the sound recording, because there are three categories that contribute to the production of the sound recording, which is (the author of the recorded work, the artist who performs the work and the producer who performs an operation Performance recordi
... Show Moreالمقدمة
الحمد لله رب العالمين، وأفضل السلام وأتم التسليم على سيدنا محمد، وعلى آله وصحبه، أجمعين، وعلى من تبعهم بإحسان إلى يوم الدين، أما بعد.
فإن مسألة التعارض بين الرواية، والفتوى، من المسائل المشهورة عند الأصوليين والفقهاء،وهي من مباحث السنة عند الأصوليين، والتي تبنى عليها مسائل متعددة، وهي من أسباب اختلاف الفقهاء، فإذا ما روى أحد الرواة حديثاً معيناً، ثم عمل بخلاف ما روى، فللعل
... Show Moreاصبحت الاسواق المالية في الوقت الحاضر من المتطلبات الأساسية لتحقيق التطور الاقتصادي والمالي وتبرز اهمية السوق المالي في خدمة الاقتصاد الوطني العراق حيث ان سوق العراق للأوراق المالية (بالإنجليزية: ISX) هو سوق للأوراق مالية في بغداد وتأسست السوق في
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