Researcher Journal for Legal Sciences

Criminal protection of Licensing and Privilege Provisions to Deal with Works in undertaking the Collective Use of Public Funds Iraq as a Model (Comparative Study)

مؤيد جبار محمد زبير — 2026-01-10

The general principle states that public funds are funds designated for public benefit or for direct use by the public or for public facilities. This means that they are subject to a legal system different from that which governs private funds in civil law. Consequently, the legal system for public funds is primarily an administrative system dedicated to the protection of this type of funds. This is due to the prohibition of disposing of them, seizing them, or acquiring them through prescription; considering that civil law includes provisions governing this legal system for public funds. Nevertheless, these rules in civil law remain administrative rules belonging to the study of administrative law.

Except that these funds, in order to achieve their intended purpose, must have the criminal protection that aligns with the objectives of the criminal legislator from both a substantive and procedural standpoint, especially since they may be subject to assaults manifested in various criminal acts. This is particularly true for funds designated for public benefit and collective use by the public, where the administration takes certain legal measures and grants licenses or commitments to ordinary individuals to provide services and benefits from these public funds in exchange for fees paid to the state, as is the case in organizing economic sectors, such as professional and craft sectors, for example; this is done through licensing and granting privileges for engaging in private works in the collective use of public funds.

The Theory of Emergency Circumstances and its Applications in the Saudi Civil Transactions Law (An Analytical Comparative Study)

ALLA ELDIEN ALI — 2026-01-10

The theory of emergency circumstances emerged as an exception to the principle of the binding force of contracts, aiming to protect the debtors when the fulfillment of their obligations becomes excessively onerous, causing heavy loss due to an unforeseeable and extraordinary event that was not anticipated at the time of contracting. Undoubtedly, justice requires the amendment of the contract in a manner that alleviates the heavy loss that may be inflicted upon the debtor if they were to perform their obligations as originally stipulated. Accordingly, the Saudi Civil Transactions Law grants the judge the authority to amend the contract under specific legal conditions and mechanisms, with the goal of achieving justice between the contracting parties and restoring balance in the contractual obligations. This study seeks to shed light on the importance of judicial intervention in such cases, particularly in reducing excessively onerous obligations to a reasonable level. The research adopts a comparative analytical methodology. Among the key findings is that the impact of the theory of emergency circumstances is limited to amending the contract under certain constraints, excluding the option of terminating the contract. One of the principal recommendations of this study is the need to expand the judge’s discretion under the Saudi Civil Transactions Law to include the suspension of contract execution until the emergency circumstance ceases in order to achieve justice between the parties.

Role of Remote Trial in Resolving E-Commerce Disputes

anouar hatim — 2026-01-10

The modern world is witnessing an unprecedented digital transition, with new challenges and issues, accompanied by a spectacular increase in e-commerce transactions. However, while e-commerce improves the efficiency and reduces the cost of transactions, it raises not only traditional disputes about the quality of products or services, but also new types of disputes that arise from the Internet.

In this article, the author attempts to examine a dilemma related to the resolution of online consumer disputes, either by adopting traditional dispute resolution methods or by finding a new method better suited to a world characterised by speed, specialisation and identity. For that, analytical and descriptive approaches were adopted in this research by analysing several scientific studies in the electronic and legal fields, in an attempt to predict the future of reliance on videoconferencing technology in the resolution of commercial disputes of an electronic nature.

The researcher has reached a number of findings, the most important finding of which is that the use of videoconferencing technology in remote trials remains an exceptional solution in criminal cases, but it is one that may be favoured in e-commerce disputes due to its characteristics, which converge with those of the former technology.

Purchase and Sale Contracts for Virtual Assets – an analytical study from a legal and legal perspective

Rouaa Ali — 2026-01-10

Contracts for the sale and purchase of virtual assets are one of the important topics that require careful study and careful legal and legal analysis, as these contracts that involve the transfer of digital property such as cryptocurrencies, non-fungible tokens (NFTs) and other virtual elements, and the study is based on analyzing the legal nature of these contracts and their compatibility with existing legislation and the legal challenges they face, We show the legal framework adopted by some countries that deal with this type of contract, which are modern and advanced topics in digital civil and commercial law, as virtual buying and selling are comprehensive terms for collecting sales representatives' processes and techniques to engage buyers remotely and include interaction with potential customers and building relationships, And closing sales using different digital strategies, including sales offers, price negotiations, creating loyal customers, purchase prices and buying goods and services, and that this type of unusual contract, but modern, sophisticated and rapidly profitable flourishes because of its access to the market quickly and the technological progress of artificial intelligence techniques, which causes rapid spread and the desire to sell or buy the virtual asset of this world. The law in general and the civil law and contracts in particular have been affected by the technological development and techniques of artificial intelligence in the modern era, where through smart technologies, sales and purchases that require smart contracts in turn to facilitate the process of virtual buying and selling, which enter the world of virtual, electronic and artificial intelligence.

The Constraints Imposed on the Powers of the Prime Minister under the 2005 Constitution

زياد علي — 2026-01-10

The position of the Prime Minister under the 2005 Constitution of the Republic of Iraq represents one of the most pivotal executive offices within the state’s constitutional framework. The office is vested with extensive powers at the apex of the executive authority; however, these powers are not absolute. Rather, they are circumscribed by a set of constitutional, political, judicial, and practical constraints designed to maintain the balance of power and prevent unilateral decision-making.

These limitations align with the spirit of the parliamentary system adopted by the Iraqi constitutional legislator, which requires the establishment of reciprocal oversight mechanisms to ensure that the executive authority articularly the Prime Minister is subject to accountability before both the legislative and judicial branches.

The constraints take multiple forms: some are explicitly constitutional, such as the requirement of parliamentary approval for certain executive decisions; others are political, arising from the nature of party alliances and parliamentary consensus that have become defining features of the Iraqi political system since 2003. Additionally, the judicial review of the Prime Minister’s actions, along with practical limitations stemming from Iraq’s ethnically and sectarianly diverse government composition, reinforce the influence of power-sharing arrangements that often restrict the independence of executive decision-making.

Examining these constraints reveals the intent of the constitutional framers to restrain individual dominance in the governance process and to advance a model grounded in institutional participation and equilibrium. Despite the challenges observed in practice, particularly concerning political stability and governmental efficiency, these mechanisms remain central to shaping the dynamics of Iraq’s political system. Accordingly, this study seeks to elucidate the nature and scope of these constraints, their impact on defining the contours of the Iraqi political order, and their effectiveness in achieving the intended balance among the branches of government while ensuring effective parliamentary oversight of the executive authority.

Legal basis for modern reproductive technology contracts

ماهر محمد — 2026-01-10

The basic principle of procreation is that it is achieved through natural means, i.e. sexual intercourse between a man and a woman, and that is its primary means. However, it may not be achieved due to congenital pathological reasons, or emergency reasons that may affect one or both of the spouses. Therefore, doctors have invented modern reproductive technologies that must be used, especially within the scope of overcoming some pathological conditions that prevent procreation through natural means. We have concluded that the contract of modern reproductive technologies, which is carried out between the spouses and two cells belonging to both of them, and which is termed homologous artificial insemination, has become a real reality, and even a legal reality; as it has been regulated by both foreign and Arab legislation. We have sought to clarify the nature of this contract by explaining its concept, characteristics, conditions, and pillars. Then we moved on to explain its effects and provisions.

The Legal Nature of Review by Plea (Incidental Review)

Roman khaleel rasol — 2026-01-10

Most legislation regulating the constitutional review adopted review by plea (incidental review) as a legal mechanism for initiating constitutional proceedings. This process occurs when a legislative text of dubious constitutionality is challenged before the trial judge (judge of the merits).

The latter preliminarily examines its constitutionality, refrains from applying the law to the dispute, and stays (suspends) the original proceedings until the fate of the contested law is determined. This is followed by the litigant who raised the plea filing a constitutional action before the Supreme Constitutional Court (by its various names) to adjudicate the plea.

This mechanism has sparked significant jurisprudential (scholarly) disagreement regarding its precise legal nature.

The Extent of Application of the Theory of Administrative Counter-Decision and Its Legal Ground

hamza Edan — 2025-12-30

This research examines the theory of administrative counter-decision and its application. It aims to address the effects of mistaken or unlawful administrative decisions by issuing a subsequent decision that contradicts the original decision in substance or effect.

This research has shown the legal ground of the administrative counter-decision, and through it you can understand that the administrative counter-decision where it differs from withdrawal or cancellation decisions, as it is considered an explicit will of the administration to confront the previous decision and deal with its consequences. This research has reviewed some judicial and jurisprudential opinions, as it is a matter related to the acquired rights of the beneficiary individual or employee. The research concludes by reviewing judicial applications and aspects of judicial oversight regarding the extent to which the administration can implement this decision. This must be done with caution and in accordance with strict controls to avoid compromising the principles of legal legitimacy and protecting individual rights.

The legal impact of human reproduction using modern technologies

Baydaa almesari — 2026-01-10

This research deals with the subject of the impact of human reproduction using modern technologies in Islamic law، and aims to clarify the legal framework of these technologies، while analyzing their effects on lineage، waiting period، and inheritance. The research relies on the descriptive، analytical، and deductive approach to study the legal texts and opinions of jurists related to this issue. The research concluded that the use of modern technologies in reproduction can be permissible if strict legal controls are adhered to، such as ensuring the purity of lineage and compliance with the provisions of waiting period and inheritance. It also calls for strengthening jurisprudential diligence and issuing contemporary fatwas that control these technologies، while raising community awareness of the provisions of Islamic law related to them.