University of Shatt Al-Arab Journal for Administrative and Legal Sciences

The idea of depriving the subscriber from his mobile phone line when the balance not recharged- study in Iraqi legislation

Dr. Ghani Ressan jadder — Wed, 19 Feb 2025 00:00:00 -0500

There are mutual obligations that fall on the parties to a mobile phone line contract. A breach by any party of its obligations leads to an impact on the contract, allowing the other party to refrain from performing its obligation. However, the practice in Iraq is completely different, as telecommunications companies do not announce new prices, so the subscriber is suddenly surprised that the prices of telecommunications and text messaging services change without his knowledge. This requires reconsideration and actual regulation by the Iraqi legislator so as not to leave the matter to the desires of telecommunications companies, which also deprive the subscriber of his phone line without his knowledge. We have concluded that the telecommunications company cannot transfer ownership of the mobile phone line without the subscriber’s permission because this leads to problems that harm the subscriber. Accordingly, we suggest the necessity of legislating an act to regulate this issue due to its importance in practice and that there is an urgent need for such an act. If the telecommunications company argues that the subscriber did not recharge on his phone credit, then this will be reject, because this recharge is a personal matter that the telecommunications company has nothing to do. In addition, if the telecommunications company considers the recharge of credit to be the return for the services it provides, it will not provide it when the amount is not placed, so we are faced with each party refraining from implementing its obligation as a result of the other’s same act.

Legal protection of the fulfillment function in the instrument (A comparative study)

Akram Tahseen Mohammed Hasan — Wed, 19 Feb 2025 00:00:00 -0500

To ensure the application of legal rules and adherence to them by individuals, the legislator always resorts to imposing a penalty coupled with the legal rule to ensure its application, whether the penalty is financial or one of the penalties that deprive of freedom, and whether the penalty is contained in the same text that addresses a specific issue or in another text of the same law or In another law, regardless of the matter, there is one goal that the legislator seeks to achieve, which is the necessity of respecting the application of the legal rule and not violating it, and thus violating the law, which leads to the loss of the legal function and lack of respect for the law, which leads to serious negative results, the first of which is represented by pressure on the judicial authority and burdening it with cases and procedures that were It can be avoided if real and correct treatments are put in place by the legislative authority, which is supposed to keep pace and monitor the implementation of the laws it has established so that it is not subject to violation by individuals. It must also update its legislation on an ongoing basis in line with the developments taking place in society, which are accelerating day after day.

One of the important issues that need to be updated and monitored on a regular and continuous basis is the issue of commercial papers, especially the instrument, since it is a commercial paper allocated by the legislator for the purpose of payment, thus taking the place of money. In order to protect and preserve this function, a specific penalty is imposed on anyone who violates this function and wears the instrument in a garment other than the one he allocated. The legislator has it, and in this study we will shed light on the extent of the effectiveness and success of the procedures and penalties imposed by the legislator in order to protect the basic and only function of the instrument, which is the function of fulfillment.

“PSYCHOLOGICAL EMPOWERMENT AND ITS ROLE IN ENHANCING PERSONALITY TRAITS” An exploratory and analytical study of the opinions of a sample of employees working in the College of Administration and Economics / University of Kufa

Dr. Fadhil Abbas Hasan , Wasan Jawad Kadhim, Dr. Jasim Raheem Adhari — Wed, 19 Feb 2025 00:00:00 -0500

The current research aims to uncover the role of psychological empowerment practices in enhancing personality traits in an organization. The research was based on the main hypothesis. There is a significant effect of Psychological Empowerment in enhancing the Personality Traits of employees in the research sample organization) ? That was formulated in light of its problem. The research sample consisted of(73) staff working in the College of Administration and Economics / University of Kufa, .The resuits of the research also reached a set of theoretical and applied from conclusions, the most important of which are which is that the dimensions of psychological empowerment at the level of practices occupied advanced degrees in light of the answers of the sample members, as the (dimension of Impact) and its ability to enhance personality traits its ranked first among the rest of the level of the organization the research sample

Legislative position on crimes against people with special needs, a comparative study

سارة مؤيد سليم — Wed, 19 Feb 2025 00:00:00 -0500

Many countries have paid attention to people with special needs by concluding many international agreements and charters in order to combat and prohibit various crimes that affect people with disabilities, because disability in all its forms and types has become a problem that all countries suffer from, and it has become a global social phenomenon. Therefore, special care must be provided to these groups because they are helpless. To protect themselves and integrate them into society and oblige states to surround them with special criminal protection and tighten penalties against those who commit crimes against them to deter the perpetrators from exploiting their weakness to facilitate their commission of various crimes.

The claim of removing trespass: A comparative study in light of legislative provisions and judicial decisions

Ali Hussein Manhal — Wed, 19 Feb 2025 00:00:00 -0500

The claim of "removing trespass" is commonly use in Iraqi courts, although it not legally regulated by this name. The Iraqi judiciary has drawn up a special, detailed regulation for this claim by combining the provisions of disseisin and accession in light of the general rules in civil law, as well as the many influential judicial precedents. This claim is filing by property owner against the trespasser who built facilities on real estate, it embodied in a request to oblige the trespasser to remove the facilities at his expense and return the property without them to the owner. The judiciary has drawn up detailed provisions for "removing trespass" claim in terms of its meaning, scope, and relationship to claim of “preventing opposition”, as well as the content of decision of court and impediments to accepting this claim. "Removing trespass" claim did not dealing by an academic study in Iraq although the great importance of it due to the large number of trespass cases. Because the lack of an independent legal regulation, and the absence of academic study, we have dealt with this claim to introduce an integrated study takes from the provisions of "disseisin and accession", general rules, and judicial precedents. The study shall be useful to litigants, judges and lawyers, and shall provide scientific view for legal academics