Faculty of Law / University of Kerbala has discussed the MA. thesis which is entitled” Prevention of Harm in Contract: A Comparative Study”.
The thesis, submitted by Farah Abbas Jassim, deals with the importance of prevention in law, because prevention is not specific in some areas, its important role is also centred in civil law, through what preventive means play to avoid harm in the contract.
The researcher explains the topic of prevention and its role in providing legal stability, which in turn also achieves stability of transactions and achieving contractual balance between the contracting parties. To resort to deception that may lead to harming others, there is a legal deficiency of the most important stage of the contract, which is the stage of negotiations.
The researcher proposed a number of proposals, the most prominent of them is the recommendation to amend the text of Article 150/1 of the Iraqi Civil Code and to adopt the principle of good faith in the conclusion stage and not be limited to the implementation stage, as well as the recommendation to include a text that directly refers to the obligation to inform and its obligation in the period prior to the contract to prevent harm.
