A scientific journal published quarterly court every three months, a rate of one volume per year. Issued by the Faculty of Law at the University of Tikrit Open Access TIKRIT UNIVERSITY JOURNAL FOR RIGHTS is committed to open access and all content is freely available to all immediately after publication. Copyright Authors retain the copyright of their papers without restrictions.
The legal implications of multiple producers in civil liability for defective products - a comparative study in Iraqi, Iranian, and French law
This research, extracted from the third chapter of a master's thesis, explores the issue of multiple producers and their impact on civil liability for defective products. It highlights the legal complications arising when more than one party is involved in the production chain—such as the original producer, distributor, supplier, or reassemble, The study aims to determine the extent of each party's liability and to identify the legal basis for their contribution to the resulting damage. It also discusses the overlap between contractual and tort liability in this context. The research draws upon comparative legal systems, especially French and Iraqi law, with brief references to Iranian jurisprudence, relying on general principles and consumer protection laws, The findings reveal that the multiplicity of producers complicates the causal link and necessitates a more nuanced framework for allocating liability to ensure fair compensation for injured
- Product - Civil liability - Multiple Producers -Defect - By-Product - Iraqi law -Iranian law - French law.
The researcher .Aliaa Adel Abdul Hussein Kazim Taqi Al-Zaidi
The pillars of the agent's contractual liability for the actions of others in Iranian and Iraqi law
Abstract: This study aims to investigate the triad of elements concerning the contractual liability of lawyers for third-party actions, with a focus on contractual fault, damage, and causal relationship elements. The study adopts an analytical-descriptive approach and utilizes library resources to initially explore the element of contractual fault and investigates the two conflicting views regarding the necessity or non-necessity of establishing fault in third-party actions. The study findings indicate that mere non-performance of an obligation by a third party is insufficient to realize lawyer liability, necessitating the establishment of fault. By investigating the damage element, the present study demonstrates that mere violation of a contractual obligation by a third party selected by the lawyer without proving damage to the client cannot establish contractual liability. Moreover, the study findings show that the damage can be material or moral, and the responsibility of presenting proof lies with the client. The investigation of the causal relationship element studied the connection between third-party fault and damage to the client and involved analyzing various theories such as equality of causes, precedent cause in effect, and ordinary cause. Each of these theories offers specific criteria for establishing causal relationships, with selection depending on the circumstances of each case and the approach of the legislator.
- Liability Elements - Contractual Fault -Lawyer's Liability - Third-Party Action - Damage - Causal Relationship
Researcher. Mohammed Jbarah Sultan Al-Mohammed
Abstract: . This study aims to reveal the most important causative and encouraging factors to commit crime, and to present the most important social theories that explain it. This study falls within the framework of descriptive research aimed at describing and analyzing the phenomenon studied. This study concluded that no matter how many types and sources of crime are, their effects and consequences, whether on the individual, family or society, are intertwined and intertwined. The consequences of criminal behavior are intertwined and interact together, and some of them lead to others to pose a real and serious threat to the social and economic structures of the family and society alike.
- Criminal behavior - Society - Crime - Social loss.
Social loss as a contributing factor to crime
Abstract: These days, the feelings of different social classes and groups about the danger of crime in society and its high rates have increased. The article aims to identify criminal behavior and its social, economic, legal and legitimate dimensions, and to identify the social factors leading to crime, and the role of these factors in pushing the individual to commit the crime and return to committing it. And to reveal the extent of the relationship between crime and the various social forces and factors and their role in pushing the individual to commit the crime. There is a group of unsuitable social circumstances surrounding the sample individuals before and during the crime that played an important role in pushing them to commit the crime, in addition to the impact of the variables of family relations, economic level, educational level, residential area and nature of housing, and means of social control on the one hand, and committing criminal behavior in society. The article recommends paying attention to the different needs of young people and providing them with job opportunities, paying attention to deepening the role of the family and school in the process of social upbringing, and paying attention to densely populated areas and providing services in them.
principle of neutrality -judicial neutrality -judicial independence
Researcher: Ammar Abdul-Hussein Muhammad
International sources for the globalization of criminalization of financial corruption
: The world has undergone profound transformations under the influence of globalization, effectively turning it into a small village. While the economic and commercial domains were initially the most fertile ground for the globalization project, it soon evolved into a multifaceted phenomenon—an octopus with far-reaching arms—bringing about sweeping changes across all aspects of life. Among the areas most significantly affected was the legal and legislative landscape of nations. Legislation, once confined to national sovereignty, has gradually shifted toward a more global orientation. This shift has been driven by the international community’s growing emphasis on shared values and universal social ideals, propelled by the emergence of a new cultural and civilizational paradigm introduced by globalization. As a result, the principle of national sovereignty in legislation has lost much of its exclusivity. The globalization of the criminalization of financial corruption is but one dimension of a broader, more comprehensive globalization process. It reflects—and reinforces—the influence of global norms on domestic legal systems, becoming a principal source for numerous legislative provisions and a manifestation of their evolving philosophical underpinnings. What were once purely national negative behaviors have, in many cases, morphed into transnational criminal patterns. Confronting these behaviors requires harmonizing national laws with international conventions that address corruption-related crimes. This legal harmonization, when effectively implemented, plays a vital role in fostering the desired international cooperation and solidarity in the fight against emerging criminal phenomena. Achieving this goal hinges on states’ commitment to their international obligations and the effective enforcement of the provisions contained in these global agreements.
- Globalization of Law - the Globalization of the Criminalization of Financial Corruption - International Sources of the Globalization of the Criminalization of Financial Corruption.
The impact of the state of necessity on the pillars of the administrative decision
Abstract: A state of emergency affecting a country, such as wars, crises, disasters, and floods, expands the powers of administrative control to address these circumstances. These impacts influence the administration's decision-making, whether related to the external or internal components of the administrative decision. Whereas, if the state's life is exposed to crises and risks that could lead to its collapse or jeopardize its safety, such emergencies allow the executive authority to override the internal or external components of the administrative decision-making process to make the necessary administrative decisions to address the dangers facing the country, subject to the fulfillment of certain conditions and procedures stipulated in the constitutions.
-principle of neutrality -judicial neutrality -judicial independence
The standard of reasonableness as one of the standards of judicial oversight in the field
Abstract: The reasonableness standard has emerged as one of the most dynamic and progressive judicial tools for regulating administrative discretion and protecting individual rights. It constitutes a fundamental legal principle developed within the framework of administrative judicial review to ensure that administrative decisions align with logic, rationality, and the expectations of a prudent public official acting under similar circumstances. Given the wide scope of discretionary authority often granted to administrative bodies to address changing societal conditions and emergencies, there is a growing need for an effective judicial mechanism capable of restraining administrative overreach without hindering the executive’s flexibility. The reasonableness test serves precisely this role by allowing courts to examine not only the legality of administrative decisions but also their substantive fairness, appropriateness, and proportionality. This study explores the reasonableness standard as a core element of judicial review over discretionary administrative acts. Through a comparative and analytical methodology, the research examines five legal systems: the French administrative model, renowned for its independent administrative judiciary; the English system, characterized by a unified judiciary; and the hybrid Arab systems of Iraq, Egypt, and Jordan, which historically derived from the French tradition but have evolved distinctively. The study aims to dissect the legal foundations of the reasonableness test, investigate its application in various courts, and highlight the divergence between these systems in terms of embracing and operationalizing the standard. The findings indicate that in France, the reasonableness standard has been gradually shaped through the jurisprudence of the Conseil d’État into a flexible judicial tool for reviewing administrative abuses of discretion. In the English legal tradition, it has developed primarily through the Wednesbury unreasonableness doctrine, which establishes a high threshold for judicial interference and limits review to cases where decisions are so irrational that no reasonable authority would have made them. While the French model favors deeper judicial scrutiny of administrative logic, the English model is marked by restraint and deference to administrative autonomy. In the Arab context, the application of the reasonableness standard is uneven. Iraqi administrative courts have made cautious and limited use of it despite legislative provisions that allow such review. Conversely, Egypt's Supreme Administrative Court has robustly integrated the standard into its jurisprudence, deeming reasonableness essential to the legality of administrative decisions. Jordanian courts, influenced by the Egyptian model, have increasingly invoked the standard, yet with a distinctive national approach reflecting local legal and institutional dynamics. The study underscores that the reasonableness standard differs from the traditional legality principle, which focuses solely on the formal compliance of decisions with law. Reasonableness delves deeper into the substantive justifications, logical coherence, and appropriateness of decisions in relation to the public interest and individual rights. It represents a balanced mechanism that enables judicial oversight without undermining the discretionary space necessary for effective public administration. Accordingly, the research recommends that Arab administrative laws be reformed to explicitly incorporate the reasonableness standard and to empower courts to apply it more expansively. Moreover, it calls on legal scholars and practitioners to contribute to defining and refining this standard through doctrinal development and comparative legal analysis, thereby strengthening judicial protection of rights while safeguarding administrative functionality. © 2023 TUJR, College of Law, Tikrit University
A r t i c l e i n f o. Article history: - Received 14 June 2024 - Accepted 5 May 2025 - Available online 1 September 2025 Keywords: - The Standard of Reasonableness - Judicial Oversight - Administrative Discretion - Administrative Decision - Discretionary Power - Legitimacy - Administrative Judiciary - Comparative Administrative Law - French Judiciary - English Judiciary - Iraqi Judiciary - Egyptian Judiciary - Jordanian Judiciary
Assistant . lecturer. Mohammed Ali Ismail
The recent development in information technology and its application in all areas of life have led to the emergence of what is known as cybersecurity and cybercrime. Cyberspace is a borderless world, and therefore the state's activities here are cross-border. They are not limited to the borders of a specific state, but rather their activities are global, via the Internet, i.e., via satellites. This creates the greatest challenges to the state's security and sovereignty, as well as to human rights, including the right to freedom of expression, the right to privacy, and the right to vote and run for office. These rights are relevant to the cyber world, where cyber activities have the greatest impact on society. Both the international and local communities are concerned with addressing the phenomenon of cybercrime and its impact on the electronic electoral process, and with establishing legal regulation for it.
Cybersecurity - Cyberattacks - Electronic Elections
The role of the administrative judiciary in ensuring the integrity of government tenders - an analytical study
Abstract: The widespread use of social networking sites, especially by public employees, and the serious violations that accompany it have negatively affected the work of public facilities in the absence of legal regulation for employees’ use of social networking sites. This has prompted some comparative legal systems to set controls for employees’ use of these sites to find a balance between the employee’s freedom to express opinion, which is guaranteed by the constitution, and his most prominent job duties, such as maintaining job dignity, obeying superiors, respecting colleagues and subordinates, and not disclosing public service secrets. These systems have proceeded to issue codes of professional conduct and regulations regulating employees’ use of social media, which has facilitated determining the disciplinary responsibility of the employee if he misuses these sites. In addition, the administrative judiciary in Iraq and comparative countries has tended to establish general legal principles that clarify the difference between the legitimate use of social networking sites and their misuse.
The independence and immunity of the judiciary as a pillar of the principle of judicial neutrality in Iraqi law
Abstract: This research addresses the principle of judicial impartiality in Iraqi law, focusing on the challenges that hinder its implementation and proposing ways to address them. Judicial impartiality is a fundamental pillar for achieving justice and the rule of law, as it obligates judges to adjudicate cases without bias or external influences. The research problem lies in the existence of obstacles that hinder the optimal application of this principle in Iraq, which can negatively impact the integrity of judicial procedures and public confidence in the judicial system. These obstacles include political and social pressures, a lack of specialized training for judges, and certain legal shortcomings that may allow for interference in the work of the judiciary. The research aims to analyze the legal and regulatory framework for judicial impartiality in Iraq, identify the problems that hinder its implementation, and propose practical solutions to enhance it. It also seeks to evaluate the effectiveness of current mechanisms to ensure judicial impartiality. The importance of the research stems from the pivotal role judicial impartiality plays in establishing justice and strengthening the rule of law. The research adopts a critical and comparative analytical approach, analyzing legal texts and judicial applications, and drawing on the experiences of other countries.
The researcher. Ibrahim Jumaa Hashem Al-Rubaie
Moral damage and compensation according to civil liability
Abstract: This study explores moral (non-material) damage and its significance in establishing civil liability—whether contractual or tortious—under Iraqi civil law, with references to other Arab legal systems such as Jordanian and Egyptian laws, and comparative legislative perspectives. The focus is on compensating harm arising from both types of liability, recognizing damage as the fundamental element of civil liability that must be proven first, as emphasized in Islamic jurisprudence and adopted by Iraqi and Jordanian legislation. Fault and causation follow in the process. In contrast, other systems—such as Egyptian and French law—prioritize fault as the central element for liability. Moral damage, unlike material damage, does not affect financial or economic rights but rather emotional or psychological well-being. Both types may coexist in a single act, such as physical assault. Some legal systems accept the possibility of moral damage within contractual liability, especially when the contract involves a personal or moral interest for the creditor. The study concludes that moral damage is personal harm to a legitimate non-financial interest and cannot be transferred to heirs unless compensation is determined by a final judgment or agreement. It also should not be compensated if it constitutes retaliatory harm, as that burdens the debtor and turns redress into vengeance. Recommendations include allowing compensation for moral damage after the injured party’s death, if explicitly stated by law. The legislator may presume moral harm in certain cases, such as violations of name, reputation, or personal identity, and may exempt the injured party from proving such damage due to its inherently subjective nature.
- Damages moral - Reparation - liability civil
Dr .Lecturer . AzzamHameedHasan Al-Qaysi
Implications of the Principle of Complementarity in International Private Relations A Comparative Study
Abstract: The principle of complementarity in legal jurisdiction is reflected in the fundamental concepts of private international law. This interaction between national and international laws reflects and integrates to ensure the achievement of justice and the efficient resolution of international disputes within the legal jurisdictions that define the nature of these international legal actions. In cases of conflict of laws and international jurisdiction, and extending to the enforcement of foreign judgments, different legal systems work in a complementary manner to determine the applicable law or the competent court, particularly in matters related to personal status, international contracts, civil liability, and other legal actions with international reach. It contributes to strengthening judicial cooperation between states through mutual recognition and enforcement of legal rulings, which reduces legal contradictions and provides effective solutions for individuals and companies in the context of globalization. Its role in achieving a balance between state sovereignty and the need to create flexible legal mechanisms to address cross-border disputes makes it an essential element in the development of private international law and ensuring the achievement of justice in a multi-systemic and interdependent legal environment. It also seeks to find legal formulas for global complementarity to achieve balance at the level of international private relations. © 2023 TUJR, College of Law, Tikrit University
- international private relations - complementarity - repercussions - conflict of laws
Assistant Professor .Dr. Basem Dhahib Khalaf
Legal regulation of employee use of social media sites
The impact of converting to Islam on inheritance issues
Abstract: Islam is considered a "radical" transformation in human life in terms of belief, worship, and dealings. Among the important aspects affected by this transformation are matters of inheritance. When a person or family converts to Islam, Direct legal changes occur in the inheritance rules that governed them before Islam, as inheritance between Muslims and non-Muslims is cut off. And the cancellation of the adoption system and its impact on inheritance, and the establishment of rights according to Islamic law, as Islam emphasizes the importance of documenting rights. And proving lineage and inheritance in accordance with Sharia, and encouraging the writing of wills and not leaving matters According to custom or previous traditions, with the influence of Islam in directing inheritance towards justice and equality, the provisions Islamic inheritance takes into account justice and social interests, and ensures that the estate is distributed among those entitled to it in specific proportions, thus achieving balance within the family and society.
Dr .Lecturer . Amira Ali Jassim Al-Zubaidi
The specificity of the right of the mortgagee without possession to enforce the secured movable
Abstract: Implementation over movable guarantee is divided into two types: the first is judicial execution upon non-performance of the secured obligation and breach of the security contract, or in case there is no agreement on the creditor's right to implementation over the right of guarantee. This is the basis of the movable guarantees’ laws being compared and in accordance with conditions and procedures different from those stated in the civil procedure law. The second is the contractual execution; which is an agreement between the guaranteed party (mortgaged creditor) and the guarantor (mortgaging debtor), in the form of a security contract or a separate document, giving the right to the former to execute over the guarantee in order to satisfy its right after the secured obligation is due without the need for judicial proceedings. Due to the importance of this type, comparative laws have paid special attention to it, such that considered a departure from the general rules that nullifies any agreement that gives mortgagee creditor, when the debt is not paid at the time of its due, the right to own or sell the mortgage of a secured nature, unlike the position of movable guarantees’ laws that allow the creditor himself to agree with the debtor to own the movable guarantee in the event of non-payment of the debt.
- Constitutionality of the Right to Discipline - Disciplining the Wife - Disciplining Children - Family System
Assistant Professor .Dr. Zalah Saeed Al-Khattat
The impact of technological developments related to assisted reproductive technologies on the principles of law and the protection of citizens' rights in national legislation
Abstract : The research deals with the impact of technological developments in assisted reproductive technologies on the legal principles and the protection of citizens' rights in national legislation. With the advancement of medical science, assisted reproductive technologies such as artificial insemination and in vitro fertilization have emerged, which have provided new opportunities for couples who face difficulties in conceiving. However, this development raises many legal and ethical issues, such as the rights of embryos, the right of individuals to privacy, and equal access to these services. The research also discusses the importance of having effective institutional mechanisms to monitor the implementation of these laws and ensure the provision of safe and effective health services. Our study involved a descriptive analytical approach. The study reached the following conclusions: Many Islamic countries may lack clear and organized legislation on assisted reproductive technologies, which leads to significant variation in practices. This lack of a legal framework makes it difficult for individuals to obtain reliable and safe services. Some of the legislations under study permitted the treatment of infertility through artificial insemination, but did not mention the necessity of medical necessity or need that falls within the conditions of artificial insemination. The child resulting from artificial insemination is attributed to his father if the conditions stated in the legislations we mentioned are met, which is what Islamic Sharia scholars have ordered, and all the effects of legal lineage result from it, such as custody, maintenance, inheritance, etc.
Researcher. Ammar Khattab Mahawi Al-Manshadawi
Components of food security, international peace and security, and the international bodies responsible for maintaining them
Abstract : Food security is a fundamental pillar of global stability. It goes beyond the mere availability of food, encompassing its sustainable access and use in a manner that ensures the nutritional and health needs of individuals are met, and its sustainability over time. Food Insecurity is not merely a humanitarian or economic Issue; it Is a critical factor that can lead to crises, fuel conflicts, and undermine the foundations of international peace and security. In fact, the food crisis Intersects with numerous geopolitical and environmental factors. Climate change, population growth, and the decline of natural resources such as water and arable land all contribute to worsening the food situation In many regions. When societies are unable to secure their basic food needs, they enter a cycle of instability, beginning with protests and civil unrest and potentially culminating in violent conflicts, both within a single country and between neighboring countries competing for resources. Food security, in this sense, Is not only a national responsibility but also a fundamental international challenge, especially in light of globalization and economic interconnectedness among countries. Global crises, such as the COVID-19 pandemic and the Russian-Ukrainian war, have demonstrated the fragility of food supply chains and their close connection to International trade and world peace. Any disruption to these chains could lead to higher food prices, increased pressure on poor countries, and thus undermine political and social stability. International peace and security cannot be achieved in a vacuum; rather, they require an international environment free of fundamental threats, including poverty, hunger, and marginalization. Where famine prevails and hope for a decent living is absent, it is easier for extremist groups to recruit individuals and spread violence. Hence, food security is viewed as a preventative measure against extremism and violence and a tool for promoting comprehensive development. © 2023 TUJR, College of Law, Tikrit University
- Food security - international peace - conflicts and disputes - Security Council - poverty and famine - sustainable development - migration and displacement
The impact of acquittal on public office in light of the provisions of Iraqi legislation and judiciary
Abstract : The criminal liability of a public employee is reflected in his legal status as a public employee، whether a civil or military employee. When a criminal case is filed against him، the employer may withdraw his hand from work if the public interest requires that، or his hand may be withdrawn from work by force of law when the ruling is issued. By imprisoning him. In this last case، a portion of the imprisoned employee’s salary will be deducted، and the period of imprisonment will be counted as part of that employee’s service. This may affect the imprisoned employee’s entitlement to promotion in accordance with the controls contained in the relevant law. The issuance of a final penal ruling convicting the employee may not result in the termination of his employment relationship، but it may be a reason for imposing a disciplinary penalty on him if the committed crime reveals the convicted employee’s violation and negligence in his job duties. This final penalty may amount to termination of service in accordance with The provisions of administrative responsibility and the authority of the employer to assess this، but the most serious impact of the penal ruling is that over which the administration does not have discretionary authority، as it will be imposed by force of law if its cause is achieved. The research aimed to reveal the impact of the public employee’s acquittal on his disciplinary and civil responsibility and the validity of the acquittal. To achieve the research، the student identified in the first section the basic elements of the research، which are the research problem، its importance، its objectives، and the definition of its terminology. As for the second section، it dealt with the impact of the acquittal of the public employee on his job association and the validity of the acquittal ruling. The research concluded with a conclusion that included the results and recommendations of the research. , © 2023 TUJR, College of Law, Tikrit University
- acquitt -public employee - job association.
Assistant . Hamsa Jassim Mohsen Al-Hussainawi
The Role of the Executive and Legislative Authorities in Supporting the Family in Syrian Law: A Comparative Study
Abstract: The legislative authority and executive branch plays a key role in supporting the family through implementing social, health, and education policies in Iraq and Syria. Family support in Iraq is based on the constitution and social welfare and personal status laws, while Syria relies on the constitution and similar laws. Government programs in both countries include financial assistance, health and education services, and programs to protect women and children. Although there are laws to combat domestic violence, implementation faces challenges due to social customs and weak funding. Economic and bureaucratic crises and weak coordination between government agencies hinder the effectiveness of these policies, calling for increased funding, coordination, and awareness to ensure family stability.
- authority -legislation - implementation - family support
Legal protection for issuing a check without a balance in Iraqi legislation (a comparative study with Egyptian and Jordanian legislation)
Abstract : The check is considered one of the most important commercial papers used as a means of payment, functioning as a substitute for cash in transactions. It is characterized by speed and security in circulation. However, the misuse of this instrument—especially the issuance of a check without sufficient funds—is regarded as a serious crime that negatively affects commercial credit and undermines trust in financial dealings. This research examines the legal protection provided against the crime of issuing a check without sufficient funds under Iraqi, Egyptian, and Jordanian laws, by analyzing the substantive and procedural aspects of the offense, the prescribed penalties, and the legislative differences among the three legal systems in addressing this criminal act. The study reveals a shared legislative tendency among the three jurisdictions to criminalize the issuance of checks without funds. Nonetheless, differences exist regarding the conditions for establishing the crime, methods of proof, and applicable penalties. While Iraqi law emphasizes the punitive aspect, Egyptian law leans towards conciliation and non-custodial alternatives, whereas Jordanian law has undergone significant amendments in recent years aimed at strengthening civil protection for the injured party.
Check without funds - crime - legal protection - Iraqi law - Egyptian law - Jordanian law -commercial papers - penalty - deterrence -conciliation - commercial trust.
Assistant .Dr. Faris Mahal Ramadan Mutlaq Al-Dulaimi
Consumer Protection from Counterfeit Electrical Goods (Comparative Study)
Abstract: Nowadays, electrical and electronic goods can be produced and put together in various countries. During the process, they might pass through different producers and suppliers before reaching the end consumers. It is crucial to ensure the safety, quality, reliability, and compatibility of these products and systems for their secure usage. Protecting the consumer from counterfeit electrical goods is one of the important topics, because it is related to all members of society affecting their safety, health, and even life. What is meant here by electrical goods is all the electrical and electronic goods that the consumer uses in going about his daily affairs, and counterfeit products include all products, including the packaging. What complicates the matter for the consumer is that there are types of counterfeit electrical goods, but regardless of the type of counterfeit, partial or complete, all of them are a source of concern for the consumer because he does not have sufficient experience to distinguish between them and the original goods. When searching for the reasons for counterfeit electrical goods, it becomes clear that the reasons for counterfeiting are not from a single source, but rather there are several reasons behind it, including unfair competition between companies producing these goods, the need of consumers for electrical goods, the fact that counterfeiting is a profitable business, in addition to the high prices of original goods, the overwhelming advance of technology, intensity of international trade, and the emergence of new markets and electrical and electronic products. Consumer protection is ancient and finds its roots in Roman law, then successive legislation from French law to our present era in the laws of all countries of the world, in addition to international rules represented in treaties and agreements, including intellectual property rights laws and the laws of the World Trade Organization, as traditional principles cannot be dispensed with, but It is not sufficient at the present time, and therefore the law must keep pace with modern developments in all aspects. © 2023 TUJR, College of Law, Tikrit University
The Use of Force by Police and Security Personnel: Between Permissibility and Criminal and Administrative Liability in Iraqi Law
Abstract: The use of force by the police and security forces to protect public order is not absolute and permissible in all cases, but it must adhere to the reasons and principles governing this use, so that the use of force by members of the public authority is not prohibited, and then its responsibility is realized due to its arbitrariness or deviation in the use of force in both parts. Material and moral, as if the responsibility of the police and security personnel is achieved here, it can be based on the traditional trend that evaluates responsibility on the basis of error or without error, However, the developments taking place and the expansion of the administration's activity and its use of force in most cases to address the disturbances facing the state, it was possible to establish this responsibility on the text of the law directly, as the establishment of this responsibility is not limited to criminal responsibility only, which may take forms of abuse in the use of force or the use of cruelty, Rather, civil responsibility can be achieved with it, in addition to the disciplinary responsibility of the police and security personnel.
Governing Rules of Capital in Single-Owner Companies under Iraqi Law A Comparative Study
A Single-Person Company (SPC) is a form of modern business entity in which a single individual (whether a natural or legal person) is the sole owner, with liability limited to the extent of their capital contribution. This type of company emerged in response to the needs of those seeking to manage their businesses individually without the involvement of partners, while avoiding the significant financial risks associated with traditional sole proprietorships. Additionally, an SPC is characterized by simplified incorporation procedures and flexible management structures, free from the complexities arising from multiple shareholders or shared governance. Moreover, it provides legal protection to the owner, as their personal assets are not liable for the company's debts beyond the allocated capital. This model fosters a favorable business environment and encourages individuals to engage in investment with calculated risks, particularly in small and medium-sized enterprises (SMEs
Assistant Professor .Dr. Saif Rashid Latif
Principles of Determining Ship Nationality (A Comparative Study)
Abstract: The ship is the lifeline of maritime navigation. It is one of the means of maritime transport since ancient times, characterized by ease and appropriate financial cost. The ship has a different legal nature due to its legal specificity. Also, granting citizenship to the ship has become one of the necessary issues to ensure the safety of maritime security, as granting citizenship to the ship gives many privileges that may be economic or legal. of a specific nationality of a ship has negative effects, reduces the rights of workers on board the ship, and weakens the control of ships. Therefore, most legislations have permitted the granting of nationality to ships due to the necessity of this matter in cross-border trade and the international economy. However, countries have differed in challenging the criterion by which nationality is granted to a ship, between the criterion of national ownership, the nationality of the crew, and the place of construction of the ship.
Nationality - Ship - Maritime Navigation - Officer
Assistant Teacher. Maryam Abdul-Ilah Abdul-Karim
Professional Conduct of University Professors in Private Higher Education Institutions In Light of Rights and Duties
Abstract : The behavior of university faculty members has a direct impact on the quality of the educational process and the credibility of the academic institution. The importance of our study lies in shedding light on the legal framework that governs the relationship between faculty members and their private universities, and in uncovering the legal and administrative challenges that hinder the regulation of such behavior, with the aim of proposing recommendations that enhance the effectiveness of academic performance. The legal framework of professional conduct was examined by clarifying its concept and the institutional organization of private universities, followed by an analysis of the legal nature of the employment relationship between faculty members and private universities. The study then focused on the duties of faculty members and the challenges in fulfilling them, reviewing the main professional and behavioral obligations of faculty in private education, and discussing the legal and administrative obstacles to regulating such conduct, while suggesting ways to address these issues. The study concluded that the absence of clear and detailed provisions in some regulations leads to discrepancies in faculty obligations, and that the weakness of internal oversight bodies exacerbates this problem. The research emphasized that strengthening institutional culture, establishing independent oversight bodies, and developing behavioral guidelines are essential for achieving a balance between the rights and duties of faculty members and ensuring adherence to sound professional conduct. , © 2023 TUJR, College of Law, Tikrit University
Professional Conduct - University Professor - Private Higher Education Institutions - Rights and Duties
The legal value of the preamble in constitutions
Abstract:The constitutions is considered the cornerstone of the legal state, and is characterized by its supremacy and sovereignty. Constitutional rules are characterized by supremacy, as the constitution is the foundation upon which the state is built and is the supreme and highest law therein. The constitution is the foundation for building the legal state, as it is the first law therein, and it has priority and distinction over all other laws. Any law that conflicts with the constitution is considered null and void. Every state has a constitution, and the constitutional document includes articles of the constitution, which begin sequentially with Article 1, etc. At the beginning of every constitution is an introduction or (preamble), which is considered an integral part of the constitutional document, as stipulated in the constitution. It includes a set of human principles and values, and declarations of human rights. The preamble has legal value equal to the constitutional texts, and is considered a restriction on the state's powers and institutions, which derive their existence and legitimacy from it and from the rest of the constitutional texts, as they are an integral part of each other. Accordingly, some jurists believe that the preamble has legal value equal to constitutional texts. Therefore, the judiciary must abide by the preamble and consider it as it appears in the constitutional document. This is the view of the majority of jurists, i.e., the preamble is recognized and acknowledged as being equal to the texts in the constitutional document. Others, however, deny this, arguing that the preamble is outside the constitutional document. They argue that if the legislator had intended to recognize it, he would have included it within the document. As for the legal status of the preamble, some believe it is superior to the texts of the constitutional document, while others consider it equal to the constitutional texts. , © 2023 TUJR, College of Law, Tikrit University
- Preamble - Legal Value - Jurisprudential Opinion - Constitutional Texts
Assistant .Dr. Idrees Hadher Heeshan ALfreesh
Legal protection for child victims of rape during armed conflicts in accordance with international agreements and Iraqi laws
Abstract : The world is constantly witnessing international and internal wars. Women and children have been and continue to bear the brunt of the damage and crimes resulting from these wars. Among the crimes women face during armed conflicts are sexual violence in general and rape in particular. This violence is brutally perpetrated for specific purposes, including ethnic cleansing, revenge, and spreading fear and terror among women. For this reason, the international community, especially in recent decades, has paid great attention to protecting women and girls during armed conflicts. However, it has overlooked the situation of children born as a result of these attacks, as there is, to this day, no international agreement specifically addressing the status of these children and how to protect them as victims of wars and armed conflicts. There is no doubt that a firm and serious response by the international community can have a positive impact in preventing the commission of these inhumane acts in the future. During our research, we concluded that it is necessary to establish an international agreement and specific domestic laws for these children that protect their rights, compensate them for the damages they have suffered, and punish the perpetrators of these crimes with the strictest legal penalties.
Assistant .Dr. Adhraa Katea Hanoun Al-Quraishi
International legal regulation of outer space
Abstract : Outer space is an extremely important area, as its uses may result in many benefits and risks, which are regulated by outer space law, which has witnessed continuous development through its formulation of principles of a legal nature, which have been embodied in several agreements and treaties One of the main objectives of this law is to ensure that its use and usage are carried out in a responsible manner so that its benefits extend to all of humanity. Therefore, the Outer Space Law addresses various topics, such as the peaceful uses of space and the preservation of the environment on both Earth and space, as well as responsibility for... The damage caused by spacecraft, the problems raised by the use of space technology, and the cooperation of countries and international organizations in this field
outer space - international -organizations - legal regulation
The role of the United Nations in protecting children from recruitment during armed conflicts
Abstract : The most important goals of the United Nations are to maintain international peace and security. As stated in its Charter, which includes the protection and defense of human rights, it is a binding duty for it, as the largest international body, to address situations arising from armed conflicts, including violations resulting from the recruitment of children, and to attempt to find appropriate solutions to them. The organization works to cooperate between countries to solve economic and social problems, and its important bodies, represented by the General Assembly and the Security Council, seek to achieve these goals.
Assistant .Dr. Wassam Khaled Abdel-Ali Mohammed
The effectiveness of artificial intelligence in administrative contracts
Abstract: This study examined the effectiveness of artificial intelligence (AI) in administrative contracts amid rapid digital transformations, highlighting its role in enhancing the efficiency and transparency of contractual procedures—from the preparatory phase to implementation and oversight. The study concluded that these technologies represent a promising tool for improving contract management, provided that an appropriate legal and regulatory environment is in place to ensure disciplined use while upholding principles of transparency, equal opportunity, and the protection of the public interest. In the case of Iraq, the adoption of AI requires a comprehensive strategic vision focused on digital transformation as a reform-oriented choice. This entails the provision of adequate technological infrastructure and the establishment of an enabling institutional environment, which includes developing human capacities and securing the necessary financial and technological resources. Moreover, there is a need to enact clear legal rules to govern the integration of AI technologies into the governmental contracting system.
- Agreement divorce -Contract - Obliging -husband