In the presence of Prof. Dr. Sabah Ibrahim Hammadi, President of the University of Fallujah, a doctoral thesis in the College of Law, Department of Private Law discusses the legal status of teaching in private higher education institutions. With the blessing of God Almighty, the College of Law discussed on Thursday, 9/28/2023, a doctoral thesis in private law tagged ((The legal status of teaching in private higher education institutions - a comparative study)) submitted by the doctoral student (Fadia Ahmed Hassan) The issue of the legal teaching position in private higher education institutions is one of the important topics that the Iraqi legislator, jurisprudence and judiciary have not addressed, as it serves an active group in society. The study determined the legal position that a teacher occupies when he is linked to a contractual relationship with a private educational institution, which is characterized by a double description, namely: (organizational description) and (contractual description). The organizational position resulted in the provision of educational service in private higher education institutions that seek to achieve public benefit, and whose activity requires that it be continuous and permanent. This allows the administrative authority to regulate legal relations with private higher education institutions, and to amend them to that description in accordance with the requirements for public service provision. Which makes it close in its position to the legal position of the public employee, and that the goal of the public good, which falls on the responsibility of private higher education institutions, is not achieved unless the relationship between the teacher and these institutions is an organizational relationship. The other description is contractual, and it is recognized that it creates for the teacher when he concludes the contractual relationship with this institution, which assumes a free will capable of concluding the contractual relationship and determining its effects. However, it faced regulatory measures that limited the will of the teacher and the educational institution. The discussion committee was composed of the civil society, and determined its conclusion and arranged its effects, in order to ensure a calm and stable contractual relationship that serves the public good. The double description had its effect in finding a legal treatment for the negative effects resulting from the contractual relations between teaching staff and private higher education institutions, which the reality has witnessed recently, in which the interest of the private educational institution prevails over the interest of the teaching, in addition to achieving a balance between the interests of its parties, whose effects are reflected in the position of the teaching, and ensuring that the institution continues to provide its academic activity. The discussion committee was composed of From: Prof. Dr. Saddam Faisal Cooks, Chairman, Prof. Dr. Dara Hammad Abd, Member, Prof. Dr. Ziyad Tariq Jassim, Member, Prof. Dr. Abdel Baset Jassim Muhammad, Member, Prof. Dr. Ahmed Jaafar Shawi, Member, Prof. Dr. Suleiman Barak Dayeh, Member and Supervisor. After extensive study of the thesis and the discussion committee hearing the student’s defenses of her thesis, the committee decided to accept it and grant the student a doctorate degree. A thousand congratulations to the student for this effort, which I presented it to further progress and scientific excellence, God willing. Media Division/College of Law
