College of Law – University of Baghdad Discusses Dissertation on the Obligation to Preserve Goods in International Sales Contracts
On Wednesday, May 21, 2025, the College of Law at the University of Baghdad held a doctoral defence for a dissertation titled “The Obligation to Preserve Goods in the International Sales Contract”, submitted by Zahraa Raad Mohammed from the Private Law. The defence took place in the college’s conference hall.
The examination committee was composed of:
- Prof. Dr. Ali Fawzi Ibrahim – Chairman
- Prof. Dr. Haider Faleh Hassan – Member
- Asst. Prof. Dr. Haifa Mazher Falhi – Member
- Asst. Prof. Dr. Andalus Hamed Abd – Member
- Asst. Prof. Dr. Hadeel Saad Ahmed – Member
- Prof. Dr. Akram Mohammed Hussein – Member and Supervisor
The dissertation aimed to clarify the circumstances under which the seller in an international sales contract is obligated to preserve goods that are in their possession or under their control, as well as the corresponding obligations on the buyer. It addressed the definition and legal nature of this obligation, the consequences of breaching it, and the situations in which a party may be exempt from liability.
The dissertation was structured into three chapters:
- Chapter One: The nature of the obligation to preserve goods in international sales contracts
- Chapter Two: Legal provisions governing the obligation to preserve goods
- Chapter Three: Legal consequences of breaching the preservation obligation
The dissertation concluded with several key recommendations, including:
- Establishing a specific legal framework to regulate the obligation to preserve goods.
- Amending Article 77 of the CISG, which currently uses both mandatory and discretionary language, leading to ambiguity. The proposed revised text reads:
“The party obligated to preserve the goods must take necessary measures to mitigate any potential loss. Failure to do so will result in the forfeiture of the right to claim full compensation or preservation costs, which shall be reduced by the amount that could have been avoided through such measures.”
- Amending Article 85 of the CISG to clarify that:
“The seller shall be obligated to preserve the goods in their possession or under their control and shall bear the preservation costs, with the right to recover them later. The seller shall have the right to retain the goods until all incurred expenses are fully reimbursed.”
This dissertation contributes to refining legal interpretations and bridging gaps in the international sale of goods framework, with a focus on enhancing legal certainty and commercial fairness.
