The Private Law Branch at the College of Law at the University of Baghdad held a scientific symposium entitled (The Nature of Exoneration – A Comparative Study). On Sunday, 4/16/2023, at the conference hall in the college.
The symposium aims to introduce the nature of exoneration through a comparison between Islamic jurisprudence and man-made laws, as one part of jurisprudence went to say that exoneration is only an act on one side, and others consider it an act on two sides, and the consequences of this or that opinion are not hidden. In addition, the position of the jurists of Islamic law between whether the exoneration is a forfeiture or ownership.
The symposium included several axes, including the nature of exoneration in Islamic jurisprudence, the discussion of exoneration in terms of ownership and inasmuch as it is a forfeiture, the nature of exoneration in law and a discussion of its contractual nature and the consequences of determining that nature by discussing the consequences of the contractual character of exoneration or its non-contractual character.
The symposium came out with several recommendations, the most important of which was the introduction of the Iraqi civil law, which stipulates the permissibility of suspending the acquittal on a condition, and calling on the Iraqi legislator to adopt the comparative laws by considering the civil silence on the refusal of the acquittal as acceptance of it.
We also call on the Iraqi legislator to add a second paragraph to the text of Article (421) to increase the concern for the rights of creditors whenever the creditor is a minor, a distrainer, or someone in the same category. Finally, we suggest adding a new article to the first section of Chapter Three, which is related to the discharge, consisting of two paragraphs that enable the creditors to appeal Through a suit of non-execution of dispositions, and the acquittal takes the ruling of the will.
