The College of Law discusses a master’s thesis on relativity in civil law
The College of Law, University of Karbala, discussed the master’s thesis tagged (Relativity in Civil Law – a comparative study), the thesis submitted by the student (Student Abdul Salman Hussein) to the Council of the College of Law.
The thesis aimed that legal texts are not on a single scale, some of them are of a wide scope and some of them are of a narrow scope. ; Because it leads to shortening the judgment on some of its members, persons or subject, or it leads to the enforcement of the judgment in a relative rather than other of the convicted persons, in order to achieve a specific goal, the latter may be in achieving stability in financial transactions, protecting the contracting parties, or achieving a legal interest that he sees fit. The legislator is more worthy of protection.
The study concluded that relativity in civil law has many applications, as we sought this by reviewing the texts of the Iraqi civil law and civil laws, especially those that are the subject of comparison. It is relativism by leaving the effect of the contract in terms of origin to the contracting parties and their public and private successors in certain circumstances, and this of course is from a personal point of view. The case in the defects of possession.
In conclusion, the researcher reached a number of results and recommendations, the most important of which is that there is no general theory of relativity in civil law, but all that there are scattered applications in multiple and different topics, especially in terms of nature, which are not united by a particular collector, from that there are many types and the different basis on which they are based. Based on that, this problem must be overcome by inviting the legislator to explicitly stipulate relativity. Legal texts must be legislated through which the applications of relativism in the Iraqi civil law are combined by stipulating that the relative provisions contained in this law apply to the persons concerned. It is only and within the limits of the subject of the text, and thus the goal of our effort is embodied in the development of a general theory of relativity in civil law.
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