Mazin S. A. Private Universities Legal Adaptation of The Teaching Contract in A Comparative Study

Abstract

Recently, there has been a remarkable increase in the number of private colleges and universities, which requires contracting with administrative and teaching staff to facilitate their scientific and administrative activities. The best way to obtain the services of the teaching staff is to contract with holders of higher degrees. The legislator had to intervene to put in place a legislative system that regulates contracts and defines their requirements and controls in order to create a kind of balance between the rights and duties of the two parties. Due to the importance of this contract and the need to implement it on a peaceful legal basis, the judiciary had to intervene to adapt it to achieve its purpose. The Iraqi judiciary initially adapted it as a work contract, but it retracted from that to adapting it to a contracting contract and the consequent difference in impact. The legal system is subject to the civil law after it was subject to the labor law as well as being subject to the jurisdiction of the courts of first instance instead of being subject to the labor courts