ISSN: 1994-4721

Volume 23, Issue 1994

Volume 23, Issue 1994, Autumn 2017, Page 1-226


The Extent of the Application the National law of oil state on the Contracts of the oil Investment

Asst. Prof. Dr. Raed Saiwan Atwan; Researcher. Maiada S Hassan

Basra studies journal, Volume 23, Issue 1994, Pages 1-38

There is no doubt that the petroleum contracts represent the most important types of contracts concluded by the State with the foreign private persons, which is called the state contracts. The importance of these contracts appears in many ways, as it’s the cornerstone on which to build the annual budget in the majority of the petroleum producing countries in the Middle East. And also the subject of these contracts, which the petrol and its derivatives, it was still the main cause of the development in various aspects of life.

The Penal Responsibility for the Causer

Asst.Prof. Emad Fadhil Rekab

Basra studies journal, Volume 23, Issue 1994, Pages 39-82

The penal responsibility for the causer of topics philosophical and legal difficult and complex, and this difficulty increases and further complicated given for not carrying out criminal Fiqh positive identification of causing criminal elements that is based, and most of that is a variation on the extent of liability caused by the result of criminal, whether in the field of Fiqh or in the field Law . In the field of criminal jurisprudence, that has split from the direction of a pro-liability caused by the result, and the direction of her last shows. In the realm of positive criminal law doctrinal differences were reflected on the responsibility of the offending under the law, depending on the adoption of the legislator to this direction or that, according to the legislator's policy to expand criminal liability in cases and narrowed in other cases, add to this that the responsibility of the offending is unclear, given the lack of legal rules explicitly to identify the offending and criminal responsibility. Therefore, this paper takes the meaning of a statement to cause and its components, and to determine the responsibility of the causer, both in doctrine or law. Therefore, this paper takes the meaning of a statement to cause and its elements, and to determine the responsibility of causer, both in doctrine or law.

The Legal Regulation for Control the Parliament onIndependent Bodies in Iraq

Lect. Suha Zeki Noori

Basra studies journal, Volume 23, Issue 1994, Pages 83-131

The independent bodies from state organs stipulated in the constitution Iraq permanent in 2005 , Which determines the basis of their work . The role & diversity of independent bodies , the multiplicity of areas competence , the resulting from political forms & economic & social is manifested through the exercise of its supervisory work on the state public utilities , so that commitment must be determined imposed on them by codifying them by law enacted by the Parliament defines the rules of work & their terms of reference to prevent exploitation & their tyranny by controlling the Parliament on independent bodies to ensure the application of the principle of legality & protect the rights , liberties of individuals . The purpose of the censorship granted to the Parliament doesn’t mean that to stand one against the other , but the purpose of such censorship is achieve cooperation & balance between the independent bodies & the Parliament for application of the constitutional rules .According , the constitutional rules usually establish in parliamentary systems certain rights exercised by the Parliament through the use of effective means of control.

The Protection of the Investor in Stock Exchange

Asst. Lect. Haider Fahmi Hatem

Basra studies journal, Volume 23, Issue 1994, Pages 133-201

The Protection of the Investor in Stock Exchange (A Comparative Study(
The dealing in securities (sale or purchase) in Stock Exchange by the authorized broker with the investor achieves according the agreement between them..
The investors considered as the main element in the stock exchange, so that must be find the legal rules to protect them against the risks of dealing with the Monopolist brokers to the works in stock exchange according law because any investor cannot make any dealing but by the brokers.
The general legal rules are incapable to protect the investors because the special nature of the working in stock exchange so the legal regulars of the stock exchange comes of special rules in order to protect the investors and some of these legal rules protect the investors before the agreement with the broker while the other rules set to protect them during the period of agreement with the broker to make and fulfill certain deal.
The above special rules are more suitable to such kind of commercial activity in order to encourage the dealing in stock exchange and that is the aim of this reaserch.

Abuse of the right to litigation

Asst. Lect. Hayder F. Hamad

Basra studies journal, Volume 23, Issue 1994, Pages 203-226

Law recognizes the rights and protected, to achieve certain purposes, andhave use of the right not to project whenever they occur outside the boundaries of this goal, and requires the imposition of a penalty for illegal use of the right, and imposed a penalty for the violation of the sovereignty of the legal base, in order to deter the offender, the penalty to ensure respect for the law and ensure the its effectiveness, and the various sanctions imposed by the law, according to the type of government that the opposition people, and the penalty is a civil fine imposed by the law when violation of a rule of private law, and there is a penalty and procedural law Order of civil procedure in the face of an opponent who violates procedural law rules. And to punish an opponent abuse of judicial proceedings decides to impose sanctions procedural law by the arbitrary use of the right, such as the prohibition of the use of a particular right or not to accept it.
In this study, to address the penalty procedure for misuse of the judicial proceedings, and their role in the prevention of ill-treatment and lifting too late to avoid, we take pictures of the procedural sanctions imposed by the legislature on arbitrary discount, with the beginning of the study to clarify the misuse of the judicial proceedings