The College of Law at the University of Baghdad discussed a master’s thesis in the private law branch of the student Zahraa Salman Anad, tagged with (contract transfer – a comparative study), on Tuesday 6/12/2022 in the conference hall in the college.
The discussion committee consisted of Messrs. Prof. Dr. Shorouq Abbas Fadel as Chairman, Prof. Dr. Hamid Sultan Ali as member, Assistant Prof. Dr. Ali Mutashar Abdel Sahib as member, Prof. Dr. Jalil Hassan Al Saadi as member and supervisor.
The aim of the thesis is that the development that has taken place in the field of transfer of obligation, so that it has become of financial value, and falls within the framework of the circle of dealing, due to the rapid economic transformations and developments, and the absence of Iraqi legislation from a general organization of the transfer of the contract and the sufficiency of some legislative features that interfere with it from time to time, either for the purpose of imposing or preventing it.
The thesis also included three chapters, the first of which dealt with the nature of contract assignment, the second chapter, the provisions of contract assignment, and the third chapter dealt with the effects and applications of contract assignment.
The most important recommendations reached by the study in the absence of a general theory governing the transfer of the contract in the Iraqi legislation, where the Iraqi legislator only organized it in some contracts and not others, we call on the Iraqi legislator to intervene to develop a general theory of the transfer of the contract and organize it in the future for each of the assignment of debt and right, Since the assignment of the contract is an emerging legal system that has imposed itself today on the legal arena, the moment when the assignment has an impact on the assignee should be determined, with regard to the fate of the insurances that were guarantors of those before the conclusion of the assignment of the contract by the assignor.
