The College of Law at the University of Baghdad discussed a dissertation titled “Guarantees in Donation Contracts” by student Mustafa Mohammed Abdul Karim, from the Private Law, on Monday, May 19, 2025, in the Model Courtroom at the college.

The examination committee consisted of the following members:

  • Prof. Dr. Jalil Hassan Bshat (Chairman)
  • Prof. Dr. Haider Hassan Faleh (Member)
  • Prof. Dr. Ali Mutshar Abdul Sahib (Member)
  • Asst. Prof. Dr. Samira Hussein Muhsin (Member)
  • Asst. Prof. Dr. Hazem Akram Sallal (Member)
  • Prof. Dr. Hamid Sultan Ali (Member and Supervisor)

The dissertation aimed to shed light on the distinctive characteristics of donation contracts that, in one way or another, affect the obligation of guarantee within these contracts. It also explored the forms of guarantees in each type of donation contract, whether addressed in legal texts or in Islamic jurisprudence.

The dissertation comprised three chapters:

  • Chapter One discussed the concept of guarantee in donation contracts from both legal and jurisprudential perspectives.
  • Chapter Two covered guarantees in donation contracts related to ownership and usufruct.
  • Chapter Three examined guarantees in donation contracts related to work and suretyship.

The dissertation concluded with several recommendations, the most significant of which were:

  1. Amending Article (604) of the Iraqi Civil Code, which currently states:
    “A minor owns the property gifted to him by his guardian as soon as the donor effects the gift, as long as the property remains in his possession or is held as a deposit or loan by another and does not require physical receipt.”
    The proposed amendment reads:
    “Ownership of property gifted by the guardian to the minor is transferred as soon as the guardian expresses his intention to donate it, as long as the property is in the minor’s possession or is held as a deposit or loan by another and does not require physical receipt.”

  2. Amending Article (1008) of the Iraqi Civil Code, which currently defines suretyship as:
    “Adding one liability to another in the demand for the fulfilment of an obligation.”
    The proposed amendment is:
    “A contract by which a person guarantees the performance of an obligation by undertaking to the creditor that he will ensure its fulfilment if the debtor fails to do so himself.”

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