Preferred Language
Articles
/
jols-517
The competent authority to regulate the residency of a foreigner in the Iraqi and comparative law

        The authority of the state to regulate the entry and residence of foreigners to it is characterized by a great deal of freedom, and it is limited only by the rules of international law that impose on states to respect the minimum standard in the treatment of foreigners, in order to achieve the optimum protection of human rights, regardless of the society in which they live, without consideration. Regarding his nationality or his country of origin, and whatever that may be, the foreigner has now become one of those addressed by the provisions of the law of the country in which he resides, and he enjoys the rights guaranteed by his human being, without regard to his country and nationality, in other words, he has recognized his legal personality, which is not considered a mere preference. Or tolerance from the state, but it is a right that is derived from international law that guarantees to a foreigner a minimum of rights, which he enjoys vis-à-vis the state on whose land he resides.

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Procedures of the Administrative Authority Concerned with Regulating and Protecting Water Wealth in Iraqi Law

Water wealth is one of the most important natural resources in the world, and it has gained the attention of the international and national community alike in view of its great role in achieving water and food security, including the natural resources it contains, both living and non-living, as well as its importance in the field of industry, tourism and transportation, but there are several Obstacles facing this wealth such as climate fluctuations, environmental pollution, the use of traditional methods of irrigation, the policies of neighboring countries and the continuous increase in the population .. etc. ,which requires the possession of the competent administrative authorities to organize and protect this wealth, preventive and cur

... Show More
View Publication Preview PDF
Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Competent Administrative Authority In the Management of the General Facility of Oil and gas in the Iraqi Legislation

In this research, we will deal with the administrative body concerned with the management, exploitation and regulation of oil activity and oil operations, which the Iraqi legislation in force dealt with in terms of composition and tasks. And the Ministry of Natural Resources and public companies specialized in oil affairs, and both facilities operate independently without unified cooperation or guidance between them, with the union of the subject of activity, which is the oil and gas wealth owned by the entire Iraqi people. Where it was noted that there are two authorities that use the method of centralization and decentralization in the management of oil operations, and it was also noted that there is a mismatch between the legislation

... Show More
View Publication Preview PDF
Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The authority concerned with administrative licenses : A comparative study

The 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 More
Crossref
View Publication Preview PDF
Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Procedures of the Competent Authority in the Organization of Tourist Facilities

Tourism facilities represent one of  the forms of public facilities, especially that tourism is of great importance to most of the peoples of the world and is an essential tributary to the economy and the provision  of foreign currency to any country, and since the development in this field does not depend on tourism resources or tourist attractions only, but rather on how to manage them and the procedures that are practiced by the competent authorities in the management of tourist facilities are of great importance, as they bear the administrative character on the one hand and on disciplinary nature on the other hand, which was indicated during the research.

View Publication Preview PDF
Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The competent authority to resolve the conflicts of jurisdiction between the administrative and ordinary courts in Iraq

Jurisdictional conflict is legally concerned with the dispute between two judicial bodies concerning the consideration of a specific subject, such as the dispute between the ordinary judiciary and the administrative judiciary in the countries that adopt the dual justice system. The dispute also takes place between two courts that have a single judicial system، Among them, there may also be a conflict in the countries that adopt the federal systemو، which is a manifestation of the bilateral judicial system, which is one of the most important reasons for conflict of jurisdiction in the federal states. It is known that Iraq has become a double jurisdiction by the issuance of Law No. (106) 1989 Second Amendment to the law of the State Cou

... Show More
Crossref
View Publication Preview PDF
Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The nature of the claim of lack of jurisdiction in the comparative and Iraqi administrative judiciary

      The plea of ​​lack of jurisdiction is the most important formal defense in the administrative judiciary, it is a denial of the court’s authority in hearing the case for its deviation from the limits of the jurisdiction that the law has decided for it, and if that court issues a decision in pleading not to have jurisdiction directed at it, the matter does not deviate from one of two decisions, it is either to decide that it is She is competent to hear the case, so she refuses the payment and proceeds to examine the matter, or she decides to accept the defense of lack of jurisdiction raised by the litigants, or on her own if the matter is related to the public order, and she must here refer the case to

... Show More
Crossref
View Publication Preview PDF
Publication Date
Wed Jul 28 2021
Journal Name
Journal Of Legal Sciences
The Quasi-Contract in the English Law. A Comparative Study with the Unjustly Paid in the Iraqi Civil Law

Quasi-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 More
Crossref
View Publication Preview PDF
Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
The economic tortuous liability in English law. A comparative study with the illegal competition in the Iraqi law

The 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.

Crossref
View Publication Preview PDF
Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Contracts in Restraint of Trade in the English Law. A Comparative Study in the Iraqi Law

The contracts in restraint of trade are considered as void contracts according to the English common law, that is to say, they are prima facie void. Because their voidness is presumed and based upon a rebuttable presumption that these contracts are contrary to the public policy in principle. Owing to the unreasonableness of the  Restraint of Trade conditions or terms in which they are included. But if it is proved that they satisfy the requirements of reasonableness, in accordance with the contracting parties, and both the temporal and spatial extent of their coming into effect, as well as the public interest. The court will validate them. It is also worth-bearing in mind that this type of contracts fall under contracts void at comm

... Show More
Crossref
View Publication Preview PDF
Publication Date
Wed May 29 2019
Journal Name
Journal Of Legal Sciences
The factors affecting the standard of reasonableness to determine the negligence in the English law. A comparative analytical study with the Iraqi civil law

   The Standard of reasonableness is considered as one of the objective standards adopted by the English Common law, to determine the standard of the care to be taken by the debtor of the obligation. And to ascertain the realization of the civil liability of negligence, the materialization of which requires four conditions. That is to say,  the imposition of the duty of care to the defendant, the beach of the duty of care, the damage befalling the plaintiff, and the causation or causal link between the tort of negligence and the damage.  It is also worth-bearing in mind that the forms of the  Standard of reasonableness are variate in the English law to meet the different circumstances arising from the variation o

... Show More
Crossref
View Publication Preview PDF