The College of Law discusses a doctoral thesis on the morphological assumption
The Faculty of Law, University of Karbala, discussed a doctoral thesis tagged (the morphological assumption – a comparative study -). The thesis was submitted by the student Atheer Abdel-Gawad Hussein.
The thesis aimed to clarify the morphological assumption as one of the legislative drafting methods that the legislator builds on the logically likely possibility or what the nature of things, interest, custom, or other probabilities expect. Or by people neglecting the paper’s organization, as well as completing the deficiency that may taint some data, as well as the interpretation of the ambiguous ones.
The thesis reached the establishment of an integrated theory for this special legislative drafting method and traced the philosophy of the legislator that he wanted, so it was concluded that the legislator aims through this method to achieve practical technical goals such as enhancing the speed of circulation, the economy in nullity and strengthening credit, as well as ideal practical goals represented in maintaining Kinetic stability of morphological handling.
The research reached a number of results and recommendations, the most important of which is the inventory of nearly fourteen applications, in which the morphological legislator resorted to this legislative drafting method, distributed over all the stages that the paper has gone through since its inception, passing through its circulation, guarantee, and acceptance, until its fulfillment.