Freedom of trade are determine according to the philosophy of power that put the Constitution, it  has been considered as  individual Freedom, Then freedom evolved towards adopting social doctrine, Which allows the state to intervene for social justice, Then the new concept which is based on a market economy.

According to this concept the state will put the laws to control competition and trade, and it impose appropriate taxes, and have a right to Exercise in economic activity on the basis of equality, as is the case in France, Spain, Russia, Egypt .

The Constitution of Iraq for the year 2005 taking  new concept of free trade indirectly as one of the modern foundations to repair the economy.

يعد الاجتهاد القضائي احد الحلول القانونية المهمة لمعالجة قصور التشريع فلقد عرفت المجتمعات الانسانية عبر تاريخها الطويل العديد من الحالات التي يجد فيها القاضي نفسه امام فراغ تشريعي فضلا عن النصوص القانونية المدنية التي يصعب على القاضي تطبيقها لما يشوبها من غموض او تناقض, الامر الذي يتطلب منه الاجتهاد للحكم بحل النزاعات المعروضة عليه لكي لا يكون منكرا للعدالة ,بيد ان القاضي في اجتهاده لم يكن مطلقا وانما مقيد

    Judicial jurisprudence is one of the important legal solutions to address the shortcomings of legislation. Throughout its long history, human societies have known many cases in which the judge finds himself facing a legislative vacuum in addition to civil legal texts that are difficult for the judge to implement due to ambiguity or contradiction, which requires diligence. To rule on resolving disputes before him in order not to deny justice, but the judge in his jurisprudence was not absolute, but rather bound by certain controls represented by observing the wisdom of legislation on the one hand and taking into account the nature of the texts on the other side, and from here this research came to shed light on the juri

Criminal prescription is a legal idea that we find its applications in most laws, It means that a period of time has passed since the occurrence of the crime, which is called the prescription of the criminal case or the crime, or the lapse of a period of time since the issuance of a final judgment in the criminal case, and it is called the prescription of the penalty, the lapse of the prescribed period will result in the expiry of the criminal case in the first case, and the lapse of the penalty imposed in the second case. This system has been found since ancient times in the legislation of countries with their various legal and political systems because of its practical considerations, the most important of which is achieving legal stab

احكام 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

Takbiratul 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

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

At 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

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