“The Specificity of the Post-Contractual Phase between the Stability of Transactions and the Development of Contractual Obligations

Abstract

Abstract: This research examines the specificity of the post-contractual phase as a relatively independent legal stage that follows the termination of the contractual relationship. It raises a delicate legal issue concerning the reconciliation between the principle of stability of transactions, on the one hand, and the requirements of the development of contractual obligations and good faith, on the other. The study is based on the premise that the termination of a contract does not necessarily entail the extinction of all its legal effects, as certain obligations may continue or new obligations may arise, deriving their legal basis from the terminated contract itself. The research adopts a comparative analytical approach by examining the position of the Iraqi Civil Code and comparing it with French and Egyptian legislation, while highlighting the role of legal doctrine and the judiciary in establishing the concept of post-contractual obligations, such as the duty of confidentiality, non-competition, and the obligation not to harm the legitimate interests of the other party. It also clarifies the legal foundations of these obligations in the principles of good faith, prohibition of abuse of rights, and protection of legitimate expectations. The study concludes that recognizing the post-contractual phase constitutes a significant development in the general theory of contract, provided that the scope of post-contractual obligations is carefully regulated in a manner that achieves a balance between the requirements of contractual justice and the stability of transactions, thereby enhancing legal certainty in modern contractual relationships. © 2023 TUJR, College of Law, Tikrit University