Exceptions to the principle of binding force of the contract according to Iraqi law

Authors

  • Hassan Maky Mshiri Author

Keywords:

Exception, Binding force of the contract, Modification, Suspension the contract, Party, Judge, Legislator

Abstract

According to the principle of binding force of the contract, it is not permissible for one of the contracting parties or a third party to interfere in the modification or suspension of the implementation of the contract, but the problem is whether one of the parties, individually, or the judge or the legislator, may interfere in the formation or implementation of the contract, modify the terms or conditions of the contract, or stop the implementation of the contract, or terminate the contract during its validity period in an absolute manner ? Are there exceptions to the principle of binding force of the contract so that the contracting party is allowed to act unilaterally, or for the judge or the legislator to interfere in the contract in terms of modifying or terminating the contract? The importance of the research is that it deals with the exceptions that limits the principle of binding force of the contract whether the amendment was made by the unilateral will of one of the parties to the contract, or the judge intervened, or the legislator intervened to amend this principle to protect the public interest, and all of this is a departure from the principle The contract is the law of the contracting parties.

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Published

2022-01-01

Issue

Section

Articles