The College of Law discusses a master’s thesis on the nature of dealing in civil law

The College of Law discusses a master’s thesis on the nature of dealing in civil law
The Faculty of Law at the University of Karbala discussed the Master’s thesis tagged: “The Nature of Dealing in Civil Law” (a comparative study). The message was presented by the student, Musa Ali Sakr,
The study aimed to clarify the nature of the transaction, which is one of the most important legal standards stipulated in the Iraqi civil law and comparative laws, as it is important in that it helps the judge to reach the correct legal judgment of the incident presented to him, which achieves the protection of the interest of those who deserve protection in order to achieve justice, because this standard It plays a major role in the field of civil law, which shows its importance for the judiciary on the one hand, and for the contractors on the other hand; This is because this criterion is based on a legitimate and legal basis that distinguishes it from other legal situations.
The study showed the great role of this criterion in the field of the contract in general. Since the stage of concluding the contract, the criterion of the nature of dealing has a role in many issues, including its role in the transmission of the expression of the will upon the death or loss of capacity of the person to whom the expression was directed, and then plays a major role in determining the detailed issues. For the contract to be concluded in the event of disagreement on these issues, we termed it the complementary role, and it also plays an important role in determining the meaning of acceptance when the person to whom the expression was directed is silent. Some of the things stipulated by the legislator.
In the conclusion, the researcher reached a number of results and proposals related to the criterion of the nature of the transaction, the most important of which is defining a definition that determines the meaning of the nature of the transaction, and then calling on the Iraqi legislator to amend the civil law by adding a text that gives a clear and comprehensive provision for the contracts that impose the nature of the transaction and their expiry, which are the contracts in which they are The personality and qualifications of the contractor are taken into consideration.

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