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.
بالرغم من تقلص الاختصاص التشريعي للبرلمان، ومحدودية نطاق مساهمة أعضائه في التقدم بمشروعات القوانين، يبقى للسلطة التشريعية اختصاصها الأقوى وهو رقابة أعمال الحكومة من خلال وسائل الرقابة البرلمانية المتعددة، ومن أبرز هذه الوسائل التحقيق البرلماني، بعد كشف الحقيقة، حول موضوع معين،والاستيثاق من أداء الحكومة لمهامها، والحد من استبدادها، ومنعها من أن تطغى بسلطاتها.<
... Show Moreاحكام التركز الاقتصادي للمشاريع دراسة مقارنة
The guarantee of deposits came in most countries as a result of the financial crises faced by the banks, as the role of the guarantee agencies does not end to the point of enabling the depositor to recover his deposit, but rather it is considered necessary to overcome crises and stabilize the banking system.
The decisions related to the coverage determined by the types of guarantee are important, and it is required that these decisions be consistent with the policy of each guarantee to control and limit the negative effects that accompany deposit insurance, in order to face any risk that threatens deposits and confidence in them and to avoid any financial failures for the stability of the banking system and the protection of depo
... Show MoreTakbiratul Ehram "The First Takbeer to Start Prayer" means: the words that the worshiper says to start his prayers, and refrain from anything invalidates it. the findings revealed that the four school jurists agreed that the prayer is not valid without Takbiratul Ehram "The First Takbeer to Start Prayer", and they disagreed on its description, so the majority of jurists said that it is a pillar, and some of them called it an obligatory, but Hanafi made it a condition. Likewise, the four jurists agreed that the one who articulates Takbiratul Ehram "The First Takbeer to Start Prayer" with the word: “Allahu Akbar,”; his Takbeer is correct, and they disagreed about the one who adds a word, or replaced it with another, where the m
... Show MoreThe administrative authority (the administration) exercises its activity or work through two forms of business. This administrative act in which the intention of the administrative authority (the administration) is to have a specific legal effect. The risk, and whether the administration is restricted or discretionary in exercising its authority in the licensing area, it must not deviate from the legitimacy framework.
Accordingly, and to be informed of this, we divide our study into three sections, in the first of which we deal with the definition of administrative licenses, and in the second of it we explain the competent authority for administrative licenses in comparative law, and in the third we highlight the authority concer
... Show MoreAt the beginning of the twentieth century distorting handling totalitarian phenomena of art, which can be called the stage of the test, transition from the theory of ideal theory and other realistic is not cushy, since it requires vision and reading and other concepts, and in light of this dialectic manifested research problem by asking the following Is affected by the design idealism and realism. Through the above mentioned questions, the researcher found rationale for addressing this problem, the study through his research, which is marked (idealism and realism in a comparative study design). And demonstrated the importance of research in the identification of the concept and the effectiveness of the two theories idealism and realism a
... Show Moreلقد نشا علم التحقيق على ايدي المحدثين المسلمين الذين وضعوا قواعد هذا العلم وظهرت مؤلفات عدة في هذا المجال ، لكن ما قام به الاقدمون لم يشكل قواعد علم مستقل بذاته ومنذ ظهور الطباعة بدأت حركة تحقيق المخطوطات ، وتعددت مناهج التحقيق فكان للمستشرقين منهجهم الخاص وظهر منهج التحقيق والاخراج الفني والعلمي للمخطوط .
In accordance with the principle of consensually, contractors have full freedom to express their will. The law does not require that the expression be by a particular means or form, as may be expressly expressed by the will, so the expression of will may be implicit. The general rule is that the parties have the freedom to freely determine the content of the contract Within the limits of the rules that regulate and regulate this will, the implied will or implied expression of will is a positive course of expression of will, but does not directly indicate the truth of the intended meaning, but the circumstances of the case allow weighting of the intended meaning to other possible meanings, In other words, a means or an appearance taken by
... Show MoreThe effectiveness and quality of legislation depends on the extent to which they respond to the political, social, economic and moral reality. The quality of the legislation is not limited to professional drafting, accuracy, clarity, comprehensiveness, accessibility and understanding, but also depends on the reality of this legislation and its acceptance and application by those who are addressed to them. Therefore, any shortage or deficiency in these legislations would make these laws separate from the reality and enter into the circle of legislative alienation. In this study, we tried to focus on the social effects of the legislator's failure to organize all the necessary aspects of the effectiveness of rights or liberties subject of o
... Show MoreExercising the universal jurisdiction requires having in place some national legislations. If the legal principle is generally agreed upon at the international level, this does not prevent nations from passing some internal or local legislations that may enable the national courts to enforce the universal jurisdiction. Transcending the philosophical and theoretical frameworks of any principle will
This paper, entitled “The Conditions of Exercising Universal Jurisdiction: A Comparative Study”, tackles the conditions and requirements of exercising universal jurisdiction in both subjective and objective aspects, in the Iraqi penal code and the international laws under comparison.