College of Law – University of Baghdad Discusses Dissertation on Adhesion in Contracts Concluded Between Professionals
On Thursday, May 22, 2025, the College of Law at the University of Baghdad held a defense for a doctoral dissertation titled “Adhesion in Contracts Concluded Between Professionals”, submitted by Saif Al-Din Mahdi Kazem from the Department of Private Law. The defense was held in the college’s Conference Hall.
The examination committee consisted of:
- Prof. Dr. Haider Faleh Hassan – Chairman
- Prof. Dr. Samira Hussein Muhaysin – Member
- Prof. Dr. Jamal Abdul Kazem – Member
- Asst. Prof. Dr. Khalis Nafi Amin – Member
- Asst. Prof. Dr. Nada Abdul Kazem Hussein – Member
- Prof. Dr. Ali Matshar Abdul Sahib – Member and Supervisor
The dissertation aimed to clarify the concept of adhesion contracts among professionals, distinguishing them from other forms of adhesion. It addressed the legal nature of such contracts, the criteria for identifying them, and the legal protections available to professionals subjected to non-negotiable terms.
The study was structured into three chapters:
- Chapter One: The concept of adhesion contracts between professionals
- Chapter Two: Criteria for identifying professional adhesion contracts
- Chapter Three: Legal protections for professionals in adhesion contracts
The dissertation concluded with several key recommendations, including:
- Affirming the legal protection of professionals: Especially in light of developments that have increasingly made professionals vulnerable to adhesion contracts where terms are imposed without the opportunity for negotiation.
- Going beyond mere revision or interpretation of contract terms: It was recommended not only to modify or exempt oppressive conditions but also to consider invoking criminal or quasi-criminal liability. This would involve imposing fines or penalties on professionals who unfairly impose non-negotiable, abusive terms that harm the other party.
- Proposing an amendment to Article 167/1 of the Iraqi Civil Code No. 40 of 1951 to distinguish between negotiated contracts and adhesion contracts more clearly. The proposed text:
“A negotiated contract is one in which the terms are subject to discussion between the parties, while an adhesion contract contains a set of non-negotiable terms predetermined by one party.”
This dissertation contributes to a more nuanced understanding of power dynamics in professional contracts, offering both theoretical insight and practical legal recommendations to ensure fairness and accountability in contractual relations.
