College of Law

Doctoral dissertation in the private law branch on enforcement by compensation/comparative analytical study,,,
On Sunday, October 29, 2023, the Private Law Branch at the College of Law at the University of Mosul discussed a doctoral thesis on implementation through compensation/a comparative analytical study, part of which was attended by Assistant Professor Dr. Wissam Nemat Ibrahim Al-Saadi, Dean of the College, and a number of members of the College Council and its faculty.
The thesis submitted by student Maha Ramzi Muhammad Ali in the private law branch dealt with compensation, which is not considered an alternative or voluntary obligation. The obligation, whether executed in kind or by way of compensation, is the same and does not change, as what changes is its place. Implementation by way of compensation is a means of fulfillment if it is impossible to implement the obligation in kind, whether Through the debtor’s mistake or his abstention from personal intervention to implement his obligation without it being burdensome on him and not constituting serious harm to the creditor.
The thesis aims to explain that the purpose of compensation is to be another way of implementing the obligation after the debtor fails to implement his obligation in kind. The creditor does not deserve compensation for that violation, and the right to compensation arises if the damage is achieved, which is the basic element affecting its assessment.
The discussion committee was headed by Professor Dr. Burke Faris Hussein, with the membership of Professor Dr. Thanoun Younis Saleh, Professor Dr. Yousry Walid Ibrahim, Assistant Professor Dr. Habib Idris Issa, Assistant Professor Dr. Raida Muhammad Mahmoud, and the membership and supervision of Professor Dr. Akram Mahmoud Hussein.