Definition of contractual compulsion
Keywords:
- Contract. - Contractual coercion.Abstract
Abstract: The principle in the contract is that it is voluntary, that is, it expresses freedom of choice in terms of daring and reluctance to conclude it. The will has the greatest role in forming the contract, and the individual is free to contract or not to contract. At work, there is another type of contract that is not done by choice, and these contracts are called forced contracts, in which the compulsion to contract emerges, meaning that the contractual relationship has moved from the stage of freedom in contracting to the stage of the imposed contract, and the content of these contracts is that the person finds himself forced to contract by virtue of the law. This is either to achieve a public interest by expropriating property for the public benefit through administrative procedures to achieve a public benefit in return for compensation paid to that person, or to achieve a special interest represented by the expropriation of individual property from the hands of its owner for the sake of another individual interest, when the two interests conflict and it appears that the other interest is the first to be taken care of. And consideration, and these applications that aim to achieve a public interest and a private interest are numerous and scattered in a number of laws, but they are united by one idea, which is the idea of compulsion to contract.
References
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Seventh: Laws
Iraqi Civil Law No. (40) of (1951), as amended.
Iraqi Real Estate Rental Law No. (87) for the year (1979), amended by Law No. (56) for the year (2000).
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for the year (1977).
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UAE Civil Transactions Law No. (5) of (1985).
