The effect of the principle of will on the imbalance in international contracts

  • Firas Karim Shi'aan
  • 'iram Issam Khudair University of Babylon / Faculty of Law

Abstract

      This study sought as much as possible to demonstrate the impact of the principle of the will on the imbalance in international contract law, through shed light on some of the laws and international conventions, particularly the Iraqi Civil Code and the Egyptian and the French and the US and the Rome Convention model to demonstrate this effect Hadwin to show the extent of the validity of the will the law as an officer attribution in International Contracts dysfunctional balance and whether this officer is consistent and compatible with the protection of the weaker party in this contract or not, where we addressed the subject in two sections preceded by an introduction and others following the conclusion we had in the first part of it base subordination of the International Decade for the Law of the will and divided by the two demands we had in the first requirement definition of the principle will Law In the second requirement the legal basis of the principle of the will the law while we dealt with in the second part, estimate the subordination of the International Decade for the Law of the will and divided by turn to the two demands we have allocated the first requirement to analyze the function of the will in the scope of the contract and the second requirement of the role of the principle will of law in the concentration of the disruption of the nodal balance At the end of these two Alambgesan we have in Conclusion of the search we included the most important findings of the researcher and the ones that principle will the law was not suited as an officer BPOs in dysfunctional equilibrium contracts and disagreed with the goal of protecting the weaker party in these contracts where authorizes this principle strong party the authority to impose conditions on the weaker party, including the choice of law applicable to the contract between them as we finished our research and what we found necessary recommendations.


 


 


 

Published
May 21, 2018
How to Cite
SHI'AAN, Firas Karim; ISSAM KHUDAIR, 'iram. The effect of the principle of will on the imbalance in international contracts. Tikrit University Journal for Rights - مجلة جامعة تكريت للحقوق, [S.l.], v. 3, n. 29, p. 224-256, may 2018. ISSN 2663-8983. Available at: <http://tujr.tu.edu.iq/index.php/t/article/view/244>. Date accessed: 18 nov. 2019. doi: http://dx.doi.org/10.25130/rights.v3i29.244.