The Faculty of Law at the University of Karbala discussed a master’s thesis tagged: Prevention of damage in the contract – a comparative study -.
The thesis was submitted by the student Farah Abbas Jassim, and the importance of the research stems from the importance of the law itself. The need to provide the best means of protection.
This study aimed to show the prevention of harm in the contract and the extent of the importance of prevention in the law. Prevention is not specific in some fields, as it has an important role in the field of civil law through what prevention means play to avoid harm in the contract, describing that the existence of the law stems from the need of society as well as aims To address the imbalance that occurs between the contracting parties and its role in providing legal stability, which in turn achieves stability of transactions and stays away as much as possible from obstacles that may harm the contract.
The study showed the great role of preventive means in legal life, as there must be a preventive means to be resorted to to implement the contract to the fullest extent and to address the damage that may govern this stage, or the contract may be done correctly, but it faces obstacles that lead to the generation of signs of damage and therefore the contractor has to resort To means to prevent harm and prevent its aggravation, without resorting to filing liability suits and confronting the momentum of cases.
The study concluded that the Iraqi legislator did not know the prevention of harm, but rather touched upon the areas and mentioned its content in scattered texts, and that prevention has a philosophical basis represented by justice and fairness, and there is a legal basis represented in good faith.
The researcher also proposed a number of proposals, the most prominent of which is the recommendation to amend the text of Article 150/1 of the Iraqi Civil Code and to adopt the principle of good faith in the conclusion stage and not be limited to the implementation stage, as well as the recommendation to include a text that directly refers to the obligation to inform and its obligation in the period preceding the contract to prevent harm.
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