النظام القانوني لعقد سندات الاكتتاب الممولة للقرض العام الداخلي : العراق نموذجًا

الملخص EN

The subscription bonds that finance the domestic general loan are a general loan the government issues in a legal process, in order to obtain a certain amount of money –as a loan– for financing its public returns and accomplishing its economical plans.

The study involved identifying the concept of subscription bonds, their legal nature, manifesting the guarantee of their types and their legal consequences and identifying the attitude of the valid law of public loan in Iraq towards them.

The research also tackled the problem of loss that the Iraqi citizen incurred due to the subscription of Qadeseyyat Saddam and the attitude of the current federal court towards these bonds.

Through the research, we concluded that the Iraqi valid law of the public loan, issued by the Coalition Provisional Authority acknowledged the bonds issued before the American invasion to Iraq and it also identified the methods in which subscription bonds should be issued, their guarantees and the ways in which they are terminated.

The study identified the legal nature of subscription bonds considering them as administrative contracts.

The research ended up with some recommendations including : enacting a new law entitled "the Iraqi law of public loan" which was issued by the constitutional authority.

This law regulates the methods of issuance, termination and the guarantees of the subscription bonds in details, as well as identifying the authority which issues them.

The judicial authority recommendation is to review the decisions of the ordinary and federal courts concerning the individuals who incurred a great loss when they subscribed the bonds of Qadeseyyat Saddam and the current government recommended the declaration about the bonds of state treasury which are issued periodically in Iraq.