Solutions Theory in Professional Contract Comparative Study

Abstract

Abstract: In professional contracts, in which one of the parties is a professional, i.e. accustomed to practicing a job with the acquisition of experience, knowledge and excellence in this work, such as a doctor or a lawyer, and the debtor in these contracts is obligated as a principle to personally implement his obligation, since the personality of this professional in these contracts is a matter of consideration. However, as a result of the rapid progress that we witness in all aspects of life, it has become possible for one person to replace another person in implementing the obligation, noting that this person who replaces him to implement the obligation is also a professional, meaning knowledgeable in the principles and art of the profession. Therefore, his responsibility can be carried out in his capacity as a follower of the original debtor - the original professional. Despite the importance of these contracts in general and the subject of solutions in them, we see that the Iraqi and Egyptian civil legislators have dealt with solutions from a narrow angle in the chapter on the expiration of the obligation and have not organized personal solutions as a general theory in the professional contract. The solutions in our research only apply to the legal relationship that is always sourced from the professional contract, unlike the solutions Personal solutions in the chapter on the expiration of the obligation, as they can apply to any legal relationship between a creditor and a debtor, whatever the source of this relationship - contract, unilateral will, tort liability, unjust enrichment, text of the law - noting that the personal solution in the professional contract is always consensual. Also, the personal solution in the professional contract applies to work and remuneration. Also in the issue of civil liability, the debtor\'s liability is raised towards the payer in the case of personal solution as a way to expiry of the obligation, but in the solutions in the professional contract, the liability is between the one who carried out the solution - the original professional - and the one to whom it was assigned - the new professional - the work, as the latter has recourse to the former.© 2023 TUJR, College of Law, Tikrit University