a public discussion was held at the College of Law

Today, a public discussion was held at the College of Law – University of Fallujah for the master's thesis submitted by student (Dhuha Wajdi Mandil), entitled:

"The Ruling on a Real Estate Mortgage Issued by an Owner Whose Ownership Has Been Retroactively Revoked – A Comparative Study"

The core idea of the thesis revolves around explaining the effect of the retroactive revocation of the mortgagor's ownership on the fate of the real estate mortgage, and examining the possibility of establishing legal protection for the bona fide mortgagee creditor to keep the mortgage valid, thereby achieving stability in real estate credit. This is done by analyzing the general rules in the Iraqi Civil Code and comparing them with the provisions of the Egyptian Civil Code and the French Civil Code, ultimately proposing an explicit legislative intervention to ensure the protection of the bona fide mortgagee creditor.

The study concluded that it is possible to rely on certain provisions of the real estate mortgage itself—particularly those related to the guarantee against eviction, dispossession, and the guarantee against loss—as mechanisms to protect the mortgagee creditor, although they are not sufficient on their own. Furthermore, protection could potentially be based on the theory of apparent conditions (ostensible authority), provided its requirements are met and it is coupled with good faith, thereby achieving transactional stability and enhancing confidence in real estate credit.

The examination committee consisted of the gentlemen whose names are listed below:

• Prof. Dr. Suleiman Barak Dayeh – University of Fallujah – Chairman
• Prof. Dr. Deraa Hammad Abd – College of Law, University of Baghdad – Member
• Prof. Dr. Ali Mutashar Abd Al-Sahib – College of Law, University of Baghdad – Member
• Prof. Dr. Saad Hussein Abbas – College of Law, University of Fallujah – Member & Supervisor

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