The College of Law at Al-Nahrain University discussed the master’s thesis entitled “Legal Regulation for the Protection of Bona Fide Third Parties: A Comparative Study”, submitted by Dhkryat Wahab Shihab, a postgraduate student in the Department of Private Law.
Significance of the Study
The significance of this study lies in highlighting the legal protection afforded to bona fide third parties and the broad scope of such protection. The legislator has not confined this protection to a single circumstance or situation; rather, it extends to various cases in which the third party is not attributed bad faith, fraud, or an intention to pursue unlawful purposes.
The study also highlights the mechanism for protecting bona fide third parties, particularly since most legal provisions merely use the phrase “without prejudice to the rights of bona fide third parties” without clarifying how such protection is to be achieved or defining its scope and limits.
Objective of the Study
This study aims to determine the mechanism for protecting bona fide third parties by compiling the scattered legal provisions addressing such protection, analyzing relevant legal applications, and clarifying its scope, conditions, and effects. It ultimately seeks to develop an integrated legal framework that contributes to clarifying the regulation of the protection of bona fide third parties and achieving the purpose intended by the legislator.
The discussion committee consisted of:
- Prof. Dr. Raad Adai Hussein – Chairperson
- Asst. Prof. Dr. Maryam Abdul-Tarish – Member
- Asst. Prof. Dr. Saif Hadi Hamza – Member
- Prof. Dr. Shorouq Abbas Fadhil – Supervisor
Following the discussion and evaluation of the thesis, the committee decided to accept the thesis subject to the required amendments and recommended awarding the student the master’s degree.
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