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The Journal of Researcher for Legal Sciences continues to enrich the academic and legal community with a variety of scholarly fruits. With this issue, the journal reaches its fifth volume and first number. The journal maintains its established tradition of publishing only rigorously reviewed, where all submitted papers peer-viewed to insure their quality before accepting them for publishing. The journal's transparent and publicly available editorial policy, clearly outlined on its website, ensures a high standard for all published content. This issue presents a diverse collection of academic and scientific works in the field of legal studies. While the specific topics vary, they all share a common thread: they represent mature and well-researched contributions that will undoubtedly benefit readers, researchers, and legal scholars alike. Articles in this issue cover both private and public law.
In the terms of the private law, the articles explore a number of topics, including: (honorary contracts in civil law between contract and non-contract.- analytical study), which is the first topic in this issue, it examines problems of honorary contracts- The second topic title is (Reforming the tort liability system of superordinate for the actions of Subordinate) which shows the need for reform in the legal system of civil liability. The third topic is (Determination of the legal personality of conjoined twins -Comparative study with Islamic Jurisprudence), which explores the legal status of conjoined twins. Another article about the legal implications of digital banking services titled (Digital banking service - a comparative study). Another topic titled (Legal effects of property usurpation by state departments -judicial study). The issue also delves into the challenges and implications of artificial intelligence, it contained two topics; the first title is (Towards the Development of the compensation system in civil liability for artificial intelligence). The second is (The personal rights of the robots). Turning to the public law, a single article addresses an overlooked issue in the Iraqi constitutional law, under title (Ignoring the legal regulation of the state order in the Iraqi constitutional judiciary- a comparative study).
The journal issue also contained summaries of the college's academic activities during the second course of year 2023-2024, including seminars, the first one is titled (homosexuality from legal and religious perspectives), the second is (The public budget in Iraq, between economy and law), the third seminar titled (Supporting investment in residential campuses and the legal protection of the consumer). In conclusion, we hope that these scholarly contributions will stimulate thought and provide practical solutions to real-world legal challenges.
It is necessary to say that (Researcher Journal for Legal Sciences) has adhered to conditions and rules that were characterized by objectivity, and its primary goal was to consolidate scientific research according to pre-defined mechanisms, including evaluation controls, expertise, publishing rules, correspondence procedures, research tracking, and electronic research requirements. The journal's editorial management was keen to implement it to the letter so that the journal would truly be a home for purposeful scientific production that is not mixed with impurities and is not affected by suspicions of scientific theft , in addition to following clear and objective procedures in submitting research and evaluation by relying on disciplined, transparent, impartial and confidential mechanisms. Its goal is to give confidence to the author of the sober research that his well-thought-out idea will find purely scientific evaluation tools far from all aspects of ugliness or intellectual distortion, and at the same time to reassure the relevant scientific and academic bodies. , especially the specialized scientific promotion committees in the various faculties of law (at home and abroad). What is published in the magazine is solid and valuable research, such that it meets the description of a peer-reviewed journal in terms of its truth and truth. Therefore, we can state, in support of what was mentioned above, that many of the research papers submitted to the magazine were rejected after they were sent to specialized experts who indicated that they were not suitable for publication. Also, there are research papers that were subject to evaluation and modification based on the observations sent by the scientific expert, so they did not have a share in the list. Journal entries only after the researcher takes them into consideration and reconsiders them, especially since the journal's editorial management was keen to review the relevant scientific expert so that he could grant publication permission for the research and to ensure that the researcher took into consideration all the amendments and observations previously mentioned in his scientific report so that the research would acquire its required scientific requirements. All of this is in recognition by the editorial board and editor-in-chief of the magazine that distinguishing between the bad and the bad in scientific research is the basis for the magazine's accreditation and an advancement in its solid intellectual output .
In the same way as previous issues of the magazine, this issue contained various and different scientific research in various branches of private and public law. In private law, the research was tagged (regulatory change of the contract - an analytical study -) as well as (the problems of investment guarantees in oil service contracts - an analytical study A comparison in light of oil licensing round contracts) as well as the research tagged (financing the capital of the bank deposit guarantee company - a legal study in light of the effective Iraqi bank deposit guarantee system). As well as (voluntary liquidation of the bank - a comparative study -).
As for public law, the research was tagged (the legislative role of the constitutional judiciary in monitoring legislative negligence - a study in Iraqi law and Egyptian law) and (the obligation of the public employee not to disclose the secrets of public office), as as well as (punishment in law and Sharia) and (the crime of recruiting children during conflicts). armed forces ).
Judicial rulings had a place in this issue through commentary on them and a statement of the jurisprudential opinion regarding them, as the issue included two important comments on those rulings.
Editor-in-Chief
Fallujah University
College of Law
Volume Four / Issue (1) Part (2) / August - Year 2023
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
Al-Baheth Journal of Legal Sciences
A peer-reviewed scientific journal that publishes specialized research in the science of law and its branches, and is issued semi-annually by the College of Law - University of Fallujah, in June and December of each year.
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
the address:
Republic of Iraq, Anbar, Fallujah University, College of Law, Al-Baheth Journal for Legal Sciences
E-mail:
Correspondence email: jrls@uofallujah.edu.iq
Technical support email: law.journal@uofallujah.edu.iq
The magazine’s website: https://uofjls.net
Subscribe to the magazine:
The annual subscription to the magazine for inside and outside Iraq is determined on a basis. (50,000) fifty thousand Iraqi dinars for institutions and individuals inside Iraq, and ($100) one hundred dollars for institutions and persons outside Iraq.
Fallujah University
College of Law
Researcher Journal of Legal Sciences
Volume Four / Issue (1) Part (1) / June - Year 2023
ISSN (PRINT) : 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
Researcher Journal of Legal Sciences
A peer-reviewed scientific journal that publishes specialized research in the science of law and its branches. It is published semi-annually by the College of Law - University of Fallujah , in June and December of each year.
ISSN (PRINT) : 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
the address:
Republic of Iraq, Anbar, University of Fallujah, College of Law, Researcher Journal of Legal Sciences
Email : _
Correspondence mail: jrls@uofallujah.edu.iq
Technical support mail: law.journal@uofallujah.edu.iq
The magazine's website : https://uofjls.net
Subscribe to the magazine:
The annual subscription to the magazine inside and outside Iraq is determined on the basis of: ( 50,000 ) fifty thousand Iraqi dinars for institutions and persons inside Iraq, and ( $ 100 ) one hundred dollars for institutions and persons outside Iraq.
Journal editorial board
editor:
Editorial board members:
Teaching name
Affiliation party
Mr. Dr. Saad Hussein Abdel Halbousi
Faculty of Arts, University of Fallujah - Iraq
Pr. Jean -François Riffard
France/Ecole de droit UCA/droit privé
Prof. Dr. Mohammed Hassan Ali Al Qasimi
College of Law / Emirates University / UAE
a. Dr.. Adel Nasser Hussain
College of Law / University of Fallujah - Iraq
Prof. Dr. Maysa Said Musa
College of Law / Al al-Bayt University - Jordan
a. Dr.. Suleiman Barak Dayeh
Faculty of Law , University of Fallujah - Iraq
Prof. Dr. Behind Abdul Rahman
Faculty of Law / Abdel Rahman Mira University, Bejaia / Algeria
a. Dr.. Saddam Faisal Cooks
Faculty of Arts, University of Fallujah - Iraq
a. Dr.. Khaled Rashid Ali
College of Law / University of Fallujah - Iraq
Prof. Dr. Mostafa El Metwally Qandil
College of Law/ Al Ain University of Science and Technology/ UAE
Prof. Dr. Ahmed Khalaf Al-Dakhil
College of Law/ University of Tikrit - Iraq
Prof. Dr. And the age of Qasim Ghani
College of Law, University of Babylon - Iraq
Prof. Dr. Bashir Juma Abdul Jabbar
College of Law and Political Science, Iraqi University - Iraq
a. Dr.. Muhammad Jiyad Zidan
College of Law / University of Fallujah - Iraq
Mother. Dr.. Muhammad Khalil Yusuf Abu Bakr
Faculty of Law / Al-Zaytoonah University / Jordan -
a. M. Dr.. Nafeh Bahr Sultan
College of Law / University of Fallujah - Iraq
a.m.d. _ Ismail Fadel Halwas
College of Law / University of Fallujah - Iraq
a.m.d. _ Omar Abdul Karim Jassim
Cloud computing / University of Fallujah - Iraq
managing editor:
Prof. Dr. Ziad Tariq Jassim
Proofreader:
Prof. Dr. Omar Ali Muhammad (Arabic proofreader)
Mother. d . Khaled Hamad Fayyad ( English proofreader )
the oversight And technical audit :
m.m. _ Hossam El-Din Faisal Cooks, the magazine's website official
m.m. _ Thaer Hamid Awwad, responsible for the electronic reception examination
objectives , publishing controls, and authors guide
First : The goal of the magazine:
Second: the journal's policy
( 2 ) Publication of the research :
(3) The rights and duties of the researcher:
Third : Publication controls
Formal requirements in Arabic research (authors' guide):
1- Search title:
The research title is fixed on the first page in ( Simplified Arabic ) font, size (18), and the full name of the researcher, his scientific title and place of work are written. In the event that there is more than one researcher who participated in writing the research, it is appropriate to mention their names with the correspondence address, in order to facilitate communication with them.
Research Title:
Name of the researcher(s) - font type ( Simplified Arabic ) and size (18)
Title of the researcher(s) - font type ( Simplified Arabic ) and size (18)
(Summary in Arabic and either English or French). Keywords are written under each summary and its language.
2- The body of the search:
The research is printed in ( Simplified Arabic ) font on one side of each paper of size ( A4 ), and an appropriate margin of space is left on all sides of the printed paper. , then a list of references.
Sets the space between lines using the (single) style .
Separating space One blank line must be left before each heading or subheading
. The sources at the end of the research are written in a global legal format according to the Chicago Style .
• References : Author's name , book title, Part 1, Part 1 , publication, place of publication , year of publication .
Abstract in Arabic The title of the research, the names of the researchers, and the abstract of the research in Arabic are placed immediately after the abstract in Arabic english.
Researches and correspondences to the University of Fallujah , College of Law, are titled Researcher Journal of Legal Sciences .
For correspondence on the e-mails of the magazine and the website :
EMAIL : jrls@uofallujah.edu.iq
EMAIL : law.journal@uofallujah.edu.iq
number word
In the midst of issuing the first issue - the fourth volume of the Researcher Journal for Legal Sciences, we emphasize the policy of the scientific journal in publishing research that raises legal problems on the realistic level, so the researcher deals with them according to a sober research approach in order to give appropriate solutions to these problems Provided that the ideas are innovative and bear new scientific research that deserves to be placed in the hands of students of knowledge . This issue was issued following the presentation of scientific research that fulfilled its scientific requirements and established research bases in its required market. Thus, these researches were a sign of the journal’s adoption of a transparent and impartial methodology. Objectivity was Bmnji for every defamation or skepticism.
It is worth noting that this issue involved in a large part scientific research specialized in intellectual property, due to the adoption of the journal’s management policy of publishing some of the research that was presented to the first international scientific conference held by the college in the period from (15-16) March of the year 2023, which It was held under the title (Intellectual Property, Contemporary Problems and Legal Treatments), as these researches were subjected to the evaluation mechanisms approved by the journal and to the images of electronic extraction in order to meet the legal conditions required by the publishing policy.
Accordingly, we can divide the research included in this issue into two parts: research that is not related to intellectual property rights ( Legal impediments to investment in Iraqi law , analogy in inheritance issues " Necessity and means of a comparative study in light of the Iraqi personal status law in force " , the constitutional principles that govern the parliamentary electoral system in the constitution of the Republic of Iraq for the year 2005, the legal nature of smart robots "a comparative analytical study" (and other research related to intellectual property rights, which is ( expedited commercial arbitration according to The rules of the World Intellectual Property Organization , the unregistered invention - rights and protection , the objective approach to civil liability for the activities of artificial intelligence , intellectual property and the role of the government in protecting it , the role of artificial intelligence in tax transactions , financial penalties for violating intellectual property rights ).
In conclusion, we pray to God that the research of this issue will have a serious contribution that enriches the students of knowledge in the legal issues that were dealt with in it.
Editor-in-Chief of the magazine
Prof. Dr. Raed Naji Ahmed
June - 2023
content list
page number
the address
Section one: scientific research
13–39 _ _
Expedited commercial arbitration according to the rules of the World Intellectual Property Organization
Dr.. Yasser Shaker Mahmoud Al-Taie, Prof. Dr. Mustafa Nateq Saleh is wanted
41 - 77
Unregistered Invention - Rights and Protection
a.m.d. _ Hatem Saeed is absent
79 - 109
Legal obstacles to investment in Iraqi law
Dr.. Fares is the place of Ramadan
111–166 _ _
inheritance matters , a necessity and a means of a comparative study under the effective Iraqi Personal Status Law . Weam Abdel Ali Hatem Al-Dabbagh
167-227
Objective orientation of civil liability for activities of artificial intelligence
PhD researcher. Falah Sahi Khalaf LLC Ali Talib Abdul Wahid
229-279
The Legal Nature of Smart Robots "A Comparative Analytical Study"
m.m. _ Omar Malallah Al-Mohammadi
281-307
Intellectual property and the role of the government in protecting it
Dr.. Mohamed Noman Atallah Prof. Dr. Noman Atallah Al -Hiti
309-325
The role of artificial intelligence in tax transactions
Prof. Dr. Abbas Mufrej Fahl
327-369
penalties for infringement of intellectual property rights
Dr.. Najah Saleh, Hama Taher
371-411
The constitutional principles governing the parliamentary electoral system in the Constitution of the Republic of Iraq for the year 2005
Researcher: Rafi Samir Habib, a.m. Dr.. Ismail Fadel Halwas
Section Two: College Activities
413-429
College activities Scientific symposium tagged:
Using modern parentage proving techniques and solving the problem of stateless people in Iraq
Researcher Journal of Legal Sciences
Third volume / Second issue / Year 2022
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
Researcher Journal of Legal Sciences
A peer-reviewed scientific journal that publishes specialized research in the science of law and its branches. It is published semi-annually by the College of Law - University of Fallujah.
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Doi:https://doi.org/10.37940/JRLS.
Deposit number in the National Books and Documents House (2409) for the year 2020
the address:
Republic of Iraq, Anbar, University of Fallujah, College of Law, Researcher Journal of Legal Sciences
E-mail:
jrls@uofallujah.edu.iq
The magazine's website:
http://law-journal.uofallujah.edu.iq/
Subscribe to the magazine:
The annual subscription to the magazine inside and outside Iraq is determined on the basis of: (50,000) fifty thousand Iraqi dinars for institutions and persons inside Iraq, and (100$) one hundred dollars for institutions and persons outside Iraq.
Researcher Journal of Legal Sciences
Volume Three / Issue One / Year 2022
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
Researcher Journal of Legal Sciences
A peer-reviewed scientific journal that publishes specialized research in the science of law and its branches. It is published semi-annually by the College of Law - University of Fallujah.
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Doi:https://doi.org/10.37940/JRLS.
Deposit number in the National Books and Documents House (2409) for the year 2020
the address:
Republic of Iraq, Anbar, University of Fallujah, College of Law, Researcher Journal of Legal Sciences
E-mail:
jrls@uofallujah.edu.iq
The magazine's website:
http://law-journal.uofallujah.edu.iq/
Subscribe to the magazine:
The annual subscription to the magazine inside and outside Iraq is determined on the basis of: (50,000) fifty thousand Iraqi dinars for institutions and persons inside Iraq, and (100$) one hundred dollars for institutions and persons outside Iraq.
Researcher Journal of Legal Sciences
Volume Two / Issue One / Year 2021
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
Researcher Journal of Legal Sciences
A peer-reviewed scientific journal that publishes specialized research in the science of law and its branches. It is published semi-annually by the College of Law - University of Fallujah.
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
the address:
Republic of Iraq, Anbar, University of Fallujah, College of Law, Researcher Journal of Legal Sciences
E-mail:
jrls@uofallujah.edu.iq
The magazine's website:
http://law-journal.uofallujah.edu.iq/
Subscribe to the magazine:
The annual subscription to the magazine inside and outside Iraq is determined on the basis of: (50,000) fifty thousand Iraqi dinars for institutions and persons inside Iraq, and (100$) one hundred dollars for institutions and persons outside Iraq.
Researcher Journal of Legal Sciences
Volume Two / Issue Two / Year 2021
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
Researcher Journal of Legal Sciences
A peer-reviewed scientific journal that publishes specialized research in the science of law and its branches. It is published semi-annually by the College of Law - University of Fallujah.
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Doi:https://doi.org/10.37940/JRLS.
Deposit number in the National Books and Documents House (2409) for the year 2020
the address:
Republic of Iraq, Anbar, University of Fallujah, College of Law, Researcher Journal of Legal Sciences
E-mail:
jrls@uofallujah.edu.iq
The magazine's website:
http://law-journal.uofallujah.edu.iq/
Subscribe to the magazine:
The annual subscription to the magazine inside and outside Iraq is determined on the basis of: (50,000) fifty thousand Iraqi dinars for institutions and persons inside Iraq, and (100$) one hundred dollars for institutions and persons outside Iraq.
Prerface
It is undoubtedly true that the intellectual product, especially the academic one, marked in a scientific research needs a specialized scientific journal that is subject to controls and conditions that preserve its rights and intellectual property. In this journal (The Researcher Journal for Legal Sciences) conditions and rules were set that were characterized by objectivity, and its main objective was to consolidate scientific research according to pre-defined mechanisms, including: the controls of scientific evaluation, language experience, publishing rules, conducting correspondence, tracking research, and requirements for electronic access. The journal’s editorial department has been keen to implement it to the letter so that the journal will be honestly a habitat for a purposeful scientific product that does not mix with impurities and does not affect the suspicions of scientific plagiarism, in addition to following clear and objective procedures in sending research and evaluation through the use of disciplined, transparent, impartial and confidential mechanisms aimed at giving confidence to the author of sober research That his idea will have a purely scientific evaluation tools away from all aspects of intellectual distortion or distortion. At the same time, these means aim to reassure the relevant scientific and academic bodies, especially the specialized scientific promotion committees in the various faculties of law (inside and outside Iraq), that what is published in the journal are solid and valuable research in which a well-appointed journal describes its truth and truth. Therefore, there is no fear of declaring that a number of research papers submitted to the journal were rejected after being evaluated for not being suitable for publication. Also, other researches were subject to modification based on the observations confirmed by the scientific expert. The journal did not issue any acceptance for publication until after the researcher took it and reconsidered it, and the researcher reviewed the modifications and observations confirmed in the scientific expert’s report.
We are about to launch the magazine’s first business, which is the first issue of it. It must be noted that it contained a variety of scientific research, in the branches of private and public law, presented by Iraqi and Arab researchers belonging to local and international scientific and administrative institutions. Some of them also dealt with current issues such as the Corona virus pandemic and its effects on legal aspects, as well as containing important comments on judicial decisions of the French Council of State. In conclusion, we ask God Almighty to make this issue a source of benefit and interest for all researchers, and a scientific source to enrich their intellectual productions.
Magazine Editor-in-Chief
Prof. Dr. Raed Naji Ahmed
Researcher Journal of Legal Sciences
Volume one / issue two / year 2020
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
Researcher Journal of Legal Sciences
A peer-reviewed scientific journal that publishes specialized research in the science of law and its branches. It is published semi-annually by the College of Law - University of Fallujah.
ISSN(PRINT): 2706-5960
ISSN(ONLINE): 2706-5979
Deposit number in the National Books and Documents House (2409) for the year 2020
the address:
Republic of Iraq, Anbar, University of Fallujah, College of Law, Researcher Journal of Legal Sciences
E-mail:
jrls@uofallujah.edu.iq
The magazine's website:
http://law-journal.uofallujah.edu.iq/
Subscribe to the magazine:
The annual subscription to the magazine inside and outside Iraq is determined on the basis of: (50,000) fifty thousand Iraqi dinars for institutions and persons inside Iraq, and (100$) one hundred dollars for institutions and persons outside Iraq.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |