الاعلام و العلاقات الثقافيةThe College of Law at Al-Nahrain University discussed the master’s thesis entitled “The Role of Goodwill in Commercial Transactions: A Comparative Study”, submitted by Mustafa Hamid Duwaj, a postgraduate student in the Department of Private Law.
Significance of the Study
The significance of this study stems from the prominent position that goodwill occupies in modern commercial activity. The success of a trader in the market is no longer dependent solely on the quality of the goods and services provided; rather, it has become closely associated with the commercial reputation established among customers, consumers, and other traders. Goodwill represents the aggregate of impressions, experiences, and evaluations formed by those dealing with a trader or his commercial enterprise, thereby giving it moral and economic value that may have a direct impact on strengthening confidence in the trader and encouraging others to engage in transactions with him. It also plays an important role in the marketing of goods and services and the expansion of commercial activity.
The importance of goodwill is also evident in its connection with the principle of profit-making, which constitutes one of the fundamental foundations of commercial activity. A trader seeks to establish and maintain a good reputation because of its impact on the stability of his commercial position and the continuity of his relationships with those dealing with him. Its legal significance is further highlighted by the possibility of its being infringed upon or unlawfully exploited, whether through damaging or tarnishing the reputation, or through exploiting the fame of the trader or his commercial enterprise by means of unfair competition. This underscores the need to provide effective legal protection for goodwill.
The significance of the study is further enhanced by the scarcity of Iraqi legal provisions that directly address goodwill, particularly its effect on legal transactions based on personal and commercial considerations. This necessitates examining the extent to which the existing legal rules provide adequate protection for goodwill and identifying legislative shortcomings or gaps that may hinder the achievement of such protection.
Objectives of the Study
This study aims to clarify the concept of goodwill, establish its legal and economic value, and examine its impact on commercial activity, with particular emphasis on its role in legal transactions based on personal and commercial considerations. It also seeks to determine the extent to which goodwill constitutes a condition for initiating, continuing, or terminating such transactions when the reputation of the trader concerned deteriorates.
The study also aims to identify the legal protection afforded to goodwill under Iraqi legislation and to clarify the legal means available to a trader when his commercial reputation is tarnished or unlawfully exploited, particularly claims for compensation and actions based on unfair competition. It further examines the adequacy of the existing legal provisions in addressing infringements against goodwill.
The study additionally seeks to identify the shortcomings and legislative gaps in Iraqi legislation concerning the regulation of goodwill and to propose appropriate legislative remedies and amendments that would enhance its legal protection in a manner consistent with the nature and requirements of modern commercial activity.
Discussion Committee
The discussion committee consisted of:
- Prof. Dr. Aseel Baqir Jasim – Chairperson
- Prof. Dr. Akram Fadhil Saeed – Member
- Asst. Prof. Dr. Mohammed Majid Al-Ibrahimi – Member
- Asst. Prof. Dr. Raad Hashim Amin – 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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