The Court's Discretionary Authority in Terminating an Investment Contract – A Comparative Study

A Master's Thesis at the College of Law Discusses "The Court's Discretionary Authority in Terminating an Investment Contract – A Comparative Study."

On Thursday, January 22, 2026,
in Judge Dhia Sheet Khattab Hall at the College of Law, University of Fallujah,
the defense of a Master’s thesis in Private Law titled

"The Court’s Discretionary Authority in Terminating an Investment Contract – A Comparative Study"
took place.

The thesis was presented by the student Fatima Muhammad Salih under the supervision of Professor Dr. Sulaiman Barak Dayih.

The thesis addressed the topic of the court’s discretionary authority in terminating an investment contract (a comparative study), as one of the modern and precise legal subjects. This is due to the unique nature of such contracts, stemming from their long-term developmental character and their connection to economic stability and public interest. The study aims to outline the features of this authority, clarify its legal basis, and define the limits of its application, in light of civil law provisions and the requirements of the contemporary economic reality.

The research examines the nature of the court’s discretionary authority, its characteristics, and the legislative and jurisprudential foundations upon which it is based. It highlights the judge’s role in assessing contractual breach, its severity, and whether it justifies termination or can be remedied by less drastic legal means. It also addresses the nature of investment contracts, their legal characteristics, formation conditions, and the particularities of applying termination to them compared to traditional civil contracts, in a way that balances the binding force of the contract with the stability of investment transactions.

The discussion committee consisted of:

• Prof. Dr. Saad Hussein Abdul (Chair)
• Prof. Dr. Draa Hammad Eid (Member)
• Prof. Dr. Ammar Karim Kadhim (Member)
• Prof. Dr. Sulaiman Barak Dayih (Member and Supervisor)

After an in-depth review of the thesis and hearing the student’s defense of her work, the committee decided to accept the thesis and award the student a Master’s degree.

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