The College of Law discusses a master’s thesis on the refutation of Muslim women in civil law

The College of Law discusses a master’s thesis on the refutation of Muslim women in civil law
The Faculty of Law at the University of Karbala discussed the Master’s thesis tagged: “The Refutation of Muslim Women in Civil Law” (a comparative study), by student Russell Taher Najm.
The study aimed to show that the subject of refuting postulates in civil law is absolutely necessary to achieve a specific goal. Because of the changes that have occurred in all laws, and veto means invalidating or canceling what was a given, so the main objective of studying this topic is that many postulates have become unable to keep pace with technological developments, so it is necessary to veto it and replace it with others for the purpose of keeping pace with development.
The study showed that some of the applications of reversal of postulates are objective and procedural. The objective applications are reversing the material criterion (the stability criterion) according to technological developments, as well as reversing the contract of the Sharia of the Contracting Parties according to the theory of effective breach, for the purpose of achieving a specific interest for each of the parties to the contractual relationship. Or it may be getting rid of the burden that makes it difficult to prove the error and consequently the loss of the right of the injured, as in the reversal of the pillars of civil liability according to the objective theory that is based on the pillar of damage only, either the procedural applications as in the partial annulment whose main objective is not to waste the efforts made and the expenses that It was made to carry out the obligation, so it came as a complete rescission of the contract.
In the conclusion, the researcher reached a number of proposals, the most important of which is to invite the Iraqi legislator to follow in the footsteps of the French legislator, and to put before him the experience of legislative reform of the theory of commitment in general, and the contract in particular. Negotiations on the contract until implementation in accordance with Article (1104) and counted it from the public order, so we call on the Iraqi legislator to proceed according to this approach by amending the text of Article (150/1) of the Civil Code.

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