The legal nature of the teaching contract temporary in Iraqi public universities according to the provisions of implementing civil contracts in the Iraqi Civil Law No. (40) of 1951 AD, as amended and in force

Abstract

Among the many issues currently being dealt with is the contracting of government universities with some lecturers holding higher degrees for the purpose of temporary appointment in their administrative, educational, academic institutions and research centers, even within the scope of the ministry itself, in order to achieve the public interest and the success and development of the educational process in the country, through maximum benefit from academic scientific expertise and competencies. The matter that this research is concerned with is to stand on the statement and definition of the legal nature of such contracts. Is it an administrative contract; because the ministry and the university, in its capacity as an administrative legal entity with authority, are parties to this contract? Or is it an unnamed civil contract to which general rules apply because it is not common and not dealt with among people? Or is it a named contract whose provisions were regulated by the Iraqi legislator and stipulated by special civil legal rules, and at the same time the general rules apply to it in accordance with the provisions of Article (76) of the Iraqi Civil Code, the subject of the research? And is it considered a named contract but is subject, in an exceptional manner, to the provisions and rules of the laws of the relevant authorities.