College of Law Discusses “Civil Liability of the Contractor in a Petroleum Service Contract

The College of Law at Al-Nahrain University discussed the PhD dissertation entitled “Civil Liability of the Contractor in a Petroleum Service Contract”, submitted by Nawal Qasim Hashim, a doctoral candidate in the Department of Private Law.

Objectives of the Study

This study aims to examine the legal basis of the contractor’s civil liability under a petroleum service contract and to analyze the forms, rules, and effects of such liability in light of the general principles of Iraqi civil law and the provisions of the Model Petroleum Service Contract. It also seeks to assess the adequacy of the existing contractual framework in addressing the risks and damages arising from the implementation of petroleum operations, and to identify legislative and contractual shortcomings that may limit the effectiveness of the contractor’s civil liability.

The study further aims to present legal and contractual proposals that contribute to developing the legal framework governing petroleum service contracts, enhance the protection of the national party, achieve contractual and economic balance between the parties, and ensure a fairer allocation of risks and liabilities arising from petroleum activities.

Significance of the Study

The significance of this study derives from its examination of the civil liability of the contractor under a petroleum service contract, which is of considerable legal importance due to its direct connection with the management and exploitation of petroleum resources, the principal source of the Iraqi economy.

The study also contributes to enriching the legal literature through a specialized examination of the legal basis, forms, rules, and effects of the contractor’s civil liability within a contract characterized by particular legal, economic, and technical features.

Furthermore, the study evaluates the adequacy of the existing contractual framework in addressing the risks and damages arising from petroleum operations and identifies its shortcomings, particularly with regard to the allocation of risks and the assumption of compensation liabilities.

It also seeks to provide a legal and contractual perspective that contributes to developing the framework governing petroleum service contracts by proposing legal remedies and amendments consistent with the nature of the petroleum industry and responsive to modern approaches to regulating civil liability. This would enhance the protection of the national party, achieve contractual balance among the parties, and safeguard petroleum resources and the state’s economic interests.

The discussion committee consisted of:

  1. Prof. Dr. Miri Kadhim Obaid – Chairperson
  2. Prof. Dr. Shorouq Abbas Fadhil – Member
  3. Prof. Dr. Akram Fadhil Saeed – Member
  4. Asst. Prof. Dr. Amer Ghanim Alwan – Member
  5. Asst. Prof. Dr. Raad Hashim Amin – Member
  6. Prof. Dr. Raad Adai Hussein – Supervisor

Following the discussion and evaluation of the dissertation, the committee decided to accept the dissertation subject to the required amendments and recommended awarding the doctoral degree.

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