The College of Law at the University of Baghdad Discusses a PhD Dissertation on Legislative Intervention in Contractual Autonomy
The College of Law at the University of Baghdad discussed a PhD dissertation entitled “Legislative Intervention in Contractual Autonomy: A Comparative Study,” presented by Zainab Mohammed Najm, a PhD candidate in the Department of Private Law, on Wednesday, July 15, 2026, in the College’s Conference Hall.
The examination committee consisted of:
- Prof. Dr. Jaleel Hassan Bshat – Chairman
- Prof. Dr. Haider Faleh Hassan – Member
- Assist. Prof. Dr. Amer Ghanem Alwan – Member
- Assist. Prof. Dr. Hazem Akram Sallal – Member
- Assist. Prof. Dr. Mona Naim Jaaz – Member
- Prof. Dr. Ali Muttashar Abdul Sahib – Member and Supervisor
in light of the legal rules through which the legislator intervenes in contractual provisions, sometimes to protect the public interest and at other times to safeguard private interests. The study adopted a descriptive approach with a philosophical dimension by analyzing legal texts in accordance with their underlying objectives and comparing the legal frameworks of Iraq, Egypt, and France, as well as those of common law jurisdictions.
The dissertation consisted of three chapters. The first chapter examined the conceptual framework of the principle of contractual autonomy and legislative intervention. The second chapter addressed the forms of legislative intervention during the contract formation stage, while the third chapter focused on legislative intervention during the contract performance stage.
The dissertation concluded with several recommendations, the most significant of which are:
- Since legislative intervention in contractual autonomy constitutes an exception to the general principle, it should be limited to specific and exceptional circumstances.
- Allowing certain obligations that were not originally intended by the contracting parties may, in some cases, enhance the practical effectiveness of the contract.
- Exceptions to the principle of the binding force of contracts should be confined to narrowly defined situations in order to preserve transactional stability and protect the rights of third parties that may arise from the contract.
