The College of Law at the University of Baghdad discussed a PhD dissertation titled “Profitable Fault: A Comparative Study”, submitted by the doctoral candidate Hind Ahmed Shahid, in the Private Law, on Monday, 15/6/2026, at the college conference hall.
The examination committee consisted of the following professors:
- Prof. Dr. Jalil Hassan Bshat (Chairman)
- Prof. Dr. Ali Motashar Abdul Sahib (Member)
- Prof. Dr. Samira Hussein Muhsin (Member)
- Asst. Prof. Dr. Haider Mahdi Nazzal (Member)
- Asst. Prof. Dr. Nada Abdul Kadhim Hussein (Member)
- Asst. Prof. Dr. Amer Ghanem Alwan (Member and Supervisor)
The dissertation aimed to shed light on a modern legal phenomenon that directly affects the effectiveness of civil liability. Limiting compensation to full damages may not achieve the required deterrent effect; instead, it may allow the wrongdoer to retain part of the unlawful profit, which encourages the repetition of such conduct.
The dissertation was divided into three chapters: the first chapter addressed the concept of “profitable fault” and distinguished it from other types of fault. The second chapter dealt with “profitable fault” within the scope of civil liability. The third chapter discussed the sanctions resulting from profitable fault.
The thesis concluded with several recommendations, the most important of which are:
- It recommends that the Iraqi legislator reconsider the scope of compensation in civil law by expanding it to include deterrent damages in cases of “profitable fault.” Compensation should not be limited to restoring damages based on actual loss and lost profit, but should also include a financial penalty proportional to the severity of the fault and the profit gained.
- It recommends expanding the discretionary power of judges in assessing compensation in cases of “profitable fault,” allowing them to move beyond traditional compensation constraints and take into account the nature of the unlawful conduct, its intentionality, and its economic consequences, in order to achieve deterrence and prevent recurrence.
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It recommends incorporating economic considerations into the assessment of civil compensation, particularly in cases of “profitable fault,” by enabling courts to achieve proportionality between compensation and the profit obtained from the wrongdoing, thus preventing unlawful conduct from becoming a profitable economic strategy.
