The College of Law at the University of Baghdad discussed a PHD in the private law branch of the student, Baida Abdul-Jabbar Hassouni, tagged with (Delay in the implementation of contractual commitment – a comparative study),
The discussion committee consisted of Dr. Hamzah Faeq Wahib as Chairman, Prof. Dr. Amal Kazem Saud as a member, Prof. Dr. Akram Muhammad Hussein as a member, Assistant Professor Dr. Khalis Nafeh Amin as a member, Assistant Professor Dr. Ali Mutashar Abdul Sahib as a member, and Prof. Dr. Jalil Hassan Al-Saadi as a member and supervisor. On Sunday, 05/14/2023, at the conference hall in the college.
The thesis aims to prove the specificity with which the delay in implementation is independent, by distinguishing it from the rest of the forms of contractual error, and highlighting the importance of time in the implementation of contracts, as many contracts lose their value with their contracting parties or one of them when the deadline for implementation is exceeded, as well as proposing a criterion that is more Justice for both parties to the contract to prove the debtor’s liability.
The thesis included three chapters. The first dealt with what is the delay in the implementation of the contractual obligation. The second chapter dealt with the criteria for determining the delay in the implementation of the contractual obligation. The third chapter dealt with the remedial means for the delay in the implementation of the contractual obligation.
The thesis came out with several recommendations, including amending the text of Article (36/First), amending Article (168) of the Iraqi Civil Code, as treatments for the effects of delay must be arranged according to priority, and amending Article (177/1) of the Iraqi Civil Code, as rescission when the debtor is late does not include Only breach of contract obligations, but delay may occur as a result of breach of the time factor specified by the legislator or judge.
