The emergence of one-person company as a necessary to cope with the needs of the market and the result of economic development and trade activities and the need for the market for the emergence of many companies and increase the opportunity to work and eliminate unemployment. One person is a turning point because it will encourage many owners of economic activities to establish these companies properly legally, which has an impact on improving the economy in the indicators of global competitiveness and in order to reduce the sham companies, and the development of business Irrigation and investment activities practiced by the various companies have emerged the need for this company, has been e-commerce and its role in small and medium-siz
... 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.
One of the priorities of having a constitutional life is the establishment of a state of law. This is what gives the constitution credibility and realism, and gives the constitutional judiciary a real ability to perform its function in ensuring respect for the constitution and not exceeding it. Therefore, every state should strive to achieve its legality. A number of principles, principles and rules, including the commitment to the principles of legality and legitimacy, and the first concerns the public bodies in terms of composition and terms of reference, with respect to the second work issued by, and each of The two elements of its existence depends on them, and the sources of both principles must be derived and then stop them, and al
... Show MoreThe basis of criminalization hi the penal code is the protection of rights whether the rights are related to human life or its property or the rights related to the protection of public property any attack on these rights is a crime the crime does not take place unless there is a physical and moral corner In addition the criminal intent of the offender must be available to the offender ie that he has knowledge of all the crimes of the crime as one of the elements of the intention But what if the person was wrong during the commission of the act the elements of the crime or all of it does this affect the criminal intent of the perpetrator or not since the importance of organizing the provisions of error and the impact of it wh
... Show MoreTax compliance is one of the most important programs that countries seek to combat a tax evasion. the congress of u.s. enactrd an act which guarantes the us: government fighting against tax evasion of those citizens who lives outside its territory. this act is called: (the foreign account tax compiliance act), FATCA 2013. the idea of this law is embodied in commitment of all non – us foreign financial institutions and bank sin in countries that have memorand am of mutel cooperation with the U.S government to diselose their records for internal revenue service and to report in formation about accounts by u.s. account holders so that (IRS) can with hold on pay ments to certiav investors according to the u.s. legal rules .
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The budget in general is a plan of action prepared by the government and works to submit it to the legislative authority for the purpose of approval, and translates its economic and social policy into annual digital targets. In order to know the effectiveness of the public budget, it must be linked to other financial planning tools such as foreign exchange policy and credit policy and measured by the economic and social results and not only financial results.
And to avoid the shortcomings that accompanied the budget because of the use of the traditional method of balancing items and finding remedies to get out of the financial crises experienced by countries in general and Iraq in particular in the
... Show MoreConsidered despicable motive of the most accurate indicators that reveal the amount of serious criminal, Which involves the character of the perpetrator and on whose basis the penalty is estimated,The origin is that the despicable motive doesnot affect the existence of the crime ,But it affects in punishment, the despicable motive has a set of characteristics that ensure its distinctiveness from other cases that have an indication of the perpetrator of the crime,the despicable motive has privacy in some contemporary crimes, as it enters the composition of the criminal intent of the actor does not do the moral side without it.and therefore it is not doing crime,Such as terrorist offenses, hate crimes and the offense of in
... Show MoreIn the event of a crime, a right to society arises in the imposition of the penalty by the perpetrator of the crime, through the criminal case, as it is the only way to do so. The acts carried out by the parties to the criminal proceedings, whether they are the litigants or others, are referred to as procedural actions. Directly any procedural action given only the availability of conditions
these conditions on the two communities: the first objective and the second formality, may relate to those conditions that the person who initiates the procedural or procedural work itself and can not work procedural to produce its impact if one of his conditions. The importance of these conditions of the importance of the rules of criminal p
... Show MoreThe immunity enjoyed by members of parliament is one of the most important guarantees for the performance of their parliamentary work, which protects them from threats or any reprisals against them.
There are two types of immunity:
Objective immunity: the member does not bear any responsibility for the opinions, ideas, and statements he expresses within the council or its committees, but even outside it by some systems.
Procedural immunity: that prevents criminal actions from being taken during or outside the session of the Council, with the approval of a body specified by the constitutions of the countries under study, but it is restricted by conditions and controls stipulated. It contains constitut
... Show MoreThe constitutionality Review of laws is restricted by a set of controls, including the officer of non-exercise of control only when absolutely necessary, and compliance is achieved when the sub-payment terms, which are the seriousness of the sub-payment and the need for direct personal interest, And it is not so, unless the payment is serious and achieves a personal interest directly to one of the parties to the original case. It is also necessary to comply with the submission of the constitutional action within the specified time for the countries that require such as Egypt.
The preventive composition of bankruptcy does not become binding on its parties despite the consent of the debtor and majority of creditors shall only ratify by the court, once the ratification becomes effective and produces its effects, the trader debtor must commit to the terms of the conciliation agreed upon by the conciliation society, a natural person or company, the validity of conciliation prevents the debtor from requesting another composition and also prevents those who commits with the debtor to fulfil the benefit of the conditions of the composition.
However, the partners in the company who are responsible for all of their money for its debts are subject to the effects of a protective settlement and will benefit from t
... Show MoreHuman organ transport and transplants are a type of medical work and are therefore generally subject to the same rules governing medical work. Ensure that such practices do not deviate from their specific legal framework in such a way as to ensure the preservation of the human body and respect for its dignity.
The Iraqi legislator in the Law of Transplantation and Prevention of Trading in Human Organisms No. (11) of 2016 prohibited the transfer of organ or human tissue from the dead to the living body and stipulated that the transfer of organs from the dead should require the consent of the Deceased before his death under a will or approval He inherited it.
The regulation of transplantation and transplantation of human or
... Show MoreThe achievement of continuity and stability in the work of some categories of workers, particularly the weak ones, are among the most important problems faced by modern social legislation, especially in the light of the multiplicity of methods and methods of employers in circumventing the law to get rid of them in this document for reasons that the legislator and the judiciary can not prevent. In this research, the issue of the dismissal of workers with disabilities as vulnerable groups of workers and because they are more likely to lose the job opportunities they have obtained after their training and adequate rehabilitation by the competent authorities and associations and that this demobilization is for various reasons, Eddie and othe
... Show Moreأن مصادر تلوث البيئة البحرية متعددة ,حيث تتعدد استنادا لتنوع الأنشطة المقامة في المنطقة ,منها أنشطة استغلال قاع البحار ؛عملية إغراق النفايات والتخلص منها في البيئة البحرية ؛ أنشطة السفن ؛ من عمليات الإسقاط من الجو ,ويمكن تصنيف مصادر تلوث البيئة البحرية :التلوث من المصادر الأرضية ؛التلوث من الأنشطة في أعالي البحار ؛التلوث من الجو .والتلوث النووي سريع الانتشار ويمتد لمساحات واسعة .
... Show MoreEnglish law defines different types of fraud, and we do not find a counterpart in other legislations, relying on its distinction on the criterion of knowledge of the truth of the information presented, that is, determining the type of fraud depends on the extent of the owner of false evidence that it is not correct at the time of its issuance. These false statements are either issued from Accompanying the owner with his full knowledge of its content and in a way that makes it a presumption that proves his bad intention so that fraud is not innocent, or that it is issued by indiscretion and negligence and without a reasonable and logical basis on which it is based, then fraud is negligently, and finally that this data is issued by its own
... Show MoreTerrorist organizations have played a major role in annihilating cultural heritage in Iraq, and we study the terrorist gangs of ISIS. In June 2014,ISIS gangs launched a fierce war, attacking almost all ethnic and religious sects, in the midst of that, targeting cultural heritage sites. The destruction of cultural heritage by terrorist gangs is not a byproduct of violence, but a carefully planned and documented intervention. In fact, the cultural genocide committed by ISIS criminals in Iraq, as Well as being crimes in accordance with the Iraqi Penal Code, the Anti-Terrorism Law and the Antiquities and Heritage Law, amount to International Crimes. From this point of view, this research presents the attacks committed by ISIS criminals again
... Show MoreThe defferenation of the contract, as alegal concept, is one of the new ideas in scientific research, aim to charectrise each condition or obligation of the contract, as an independent contract of the other parts, conclude under the agreement of the parties on a specific object with its own cause; this idea had applied in international contract too, specifically with the choice of law applicable to the international contract, that’s also supported by the potentiality of chossing the applicable law after concluding the international contract.
The choice of the applicable law, play a significant role in implementing the function of the international contract as a gear to org
... Show MoreThe State Legislative Council practices its Judgement specialization through issuing the judicial decisions in combats that present to it and the judicial commissions take charge of this mission inside the council and they are the High Administrative Court, the Administrative Judgement Court and the Employees Judgement Court.
Where the High Administrative Court specializes in presented appeals against the decisions of the Administrative Judgement Court and Employees Judgement Court whereas the Administrative Judgement Court in the validity of the administrative decisions issued by the employees and the general commissions whereas the Employees Judgement Court specializes in the employees appeals against the decisions of bre
... Show MoreJudicial 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
... Show Moreإن منظمة شنغهاي للتعاون –(Shanghai Cooperation Organization SCO) هي منظمة دولية إقليمية حكومية فريدة من نوعها أُسست من قبل الصين،
روسيا، كازاخستان، قرغيزستان، طاجيكستان وأوزبكستان بمدينة شنغهاي
الصينية في 51 حزيران 1005 . تتجاوز مساحة الدول الأعضاء للمنظمة حالياً
00 مليون و 581 ألف كيلومترمربع أي ما يساوي ثلاثة أخماس مساحة قارتي
أوروبا وآسيا، ويبلغ عدد سكان الدول الأعضاء فيها نحو نصف تعداد سكان العالم.
لها
... Show MoreThe roll of motive in the legal model of terrorist crimes. It's important to define the roll of motives in modern criminal policy as whole and terrorist crimes in specific Motives are important mental elements regarding the criminals, criminalization, deterrent, and criminal charges.
Modern terrorist crimes are national and international immediate and dangerous threat to individuals lives, properties, and their Holly believes. Terrorists acts aimed to spreading fears, and desperation in hearts of persons and social institutions in order to enforce ideological system. This is explaining legislative attention toward Terrorists motives in the construction of criminal intent. Motives is the core of any Effective criminal justice syst
... Show MoreAs a result of the important role played by the banks as institutions contribution and effective in the management of economic activity,they are committed through the operations and activities of the queries for clients, and this is what makes them has extensive information about their customers of their activities, as well as information concerning its terms require success in this the role to be decisions catchment for safety features and precautions taken to avoid caffeine what faced the risk of, and be a distinctive destination for customers and businessmen who are trying to get the financial and banking information held by. But the breach makes the bank civilians responsible for the damages sustained by the custom
... Show MoreThe idea of a common defect of the guarantee has gone through many developments in terms of defining the concept of this defect, starting with civil legislation and passing through the United Nations convention on contracts for the international sale of goods of 1980 (the Vienna agreement) and ending with legislation on consumer protection, and the French judiciary had an important role in developing this idea, so this came. Research to study these developments while clarifying the Iraq law's position on them and explaining the extent to which Iraqi legislation has reached in taking these developments, as the concept of defect no longer includes the shortage in the price of the sale or what is missed by a valid purpose, but rather expand
... Show MoreThe contracts management style, a distinctive and important practice management through active administratively closed facility in aiming to ensure the continuity of the Facility regularly and Adtarad where walk in the light of this style approach satisfaction and understanding through the conclusion of the contract administrative and through an agreement with one of the natural or legal persons n this style resorted to by the administration if it does not Asafha administrative decision in the exercise of its activity, or if he believes that the style of management contracts better able to achieve its goals.
There is administrative contracts general principle expressed the commitment of the contractor with the administration, imp
... Show MoreThe control over discretion rests with the judgment of the judge who issues it. The court, which is competent to hear the appeal of the judgment, shall examine the judgment and examine it for its validity, including all parts of the sentence and its aspects; The tools that the judge works to reach the conclusion he has reached in the judgment, including. However, the court's control, ie, the court of law, is not absolute. In essence, it does not apply to the legal aspect without the factual aspect, and this does not mean that the court does not consider the factual aspect at all. Rather, it does not mean that the court of law does not take the substance of the truth. By the judge to reach the reality and does not specialize in the origin
... Show MorePublic property has been very important because the function of the state is not limited to traditional jobs, but extends to all aspects of activities to provide services to the public, with the attendant use of public property and the need to maintain it as the basis for such activities.
The legislation concerned the Public property and its protection. Starting with the Constitution, which is the highest legal rules in the state as well as general laws administrative decisions.
This study aims to shed light on the concept of legislative reforms and its effects on legislation that protects the Public property, which is a precise legislative process that needs to be examined because it does not always aim at evaluating the
... Show MoreInternational attention to the fight against the financing of terrorism has been one of the most important systemic transformations of the modern international strategy for the prevention of the crime of terrorism. International attention to the financing of terrorism has gone through multiple periods، considering that funding has not been a priority for the international community. Which led the international community to notice that there are tools that assist terrorists, the most important of which is the financial instrument, namely finance. This has led the Security Council، the General Assembly of the United Nations and regional organizations to issue binding decisions and to develop international conventions that would And to ma
... Show Moreمن الامور المألوفة في مضمون الموازنات العامة بيان النفقات والايرادات
المرتقبة للدولة وذلك للسنة القادمة، فتشمل مقادير وارقام الايردات المتوقع
الحصول عليها والمبالغ المتوقع انفاقها ضمن تقسيمات متنوعة كالتقسيم الاداري
او الوظيفي وايراد بعض القواعد العامة لتسهيل تطبيق وتنفيذ الموازنة العامة.
الا انه من غير المألوف ان يرد في صلب الموازنة العامة نصوصا لقوانين
وتعديلات لقوانين اخرى.
... Show MoreThe object of conformity of the goods to the contract has always played a central role in both national and international sales transactions as it goes to very essence of the contractual relationship. The seller must deliver goods which are of the quantity, quality, and description required by the contract. Only once the goods have been delivered, the buyer has a duty to inspect the goods and eventually notify the seller whenever the product received breaches the conformity requirements set by Article /35 of CISG 1980. But the buyer losses the right to rely on the lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or
... Show MoreEthnic cleansing is the systematic forcible removal of ethnic and religious groups from a specific area, with the intent of making the area ethnically homogeneous. Direct deportation is accompanied by genocide, rape, and destruction of property, so the crime of ethnic cleansing can be considered a crime against humanity and can be included in the Genocide Convention.
Ethnic extremism is a concept linked to the use of violence and weapons by a strong party against a weaker party. Extremism and fanaticism are often behind such a crime with the aim of obliterating or concealing the oppressed group in a particular geographical area.