A Legal Analytical Study of the Types of Contract Termination and Their Legal Effects on the Parties under Iraqi Legislation
DOI:
https://doi.org/10.58425/ajlps.v4i1.402Keywords:
Contract termination, legal termination, contractual termination, civil rights, essential and non-essential contracts, judicial oversight, Iraqi law, legal stability, commercial transactionsAbstract
Aim: This study aimed to examine the legal frameworks governing contract termination in Iraq, highlighting judicial oversight, parties’ rights, and implications for legal and economic stability
Methods: The study adopts a doctrinal legal analysis supported by case reviews and statutory interpretation of Iraqi contract law.
Results: The findings reveal that Iraqi courts play a crucial role in balancing contractual freedom with protection of vulnerable parties, but gaps remain in the enforcement of termination clauses in commercial contracts.
Conclusion: The study concludes that while Iraq’s legal system provides mechanisms for fair contract termination, reforms are needed to reduce ambiguity in non-essential contracts and enhance judicial efficiency.
Recommendation: The study recommends strengthening legislative clarity on unilateral termination rights and enhancing judicial capacity to resolve disputes promptly.
References
Nor, N. M., & Misnan, M. S. (2024). Issues in termination of construction contract: Based on law cases. International Journal of Research and Innovation in Social Science, 8(1), 671-683.
Nayyef, M. K., Raisi, L., Nayyef, A. R., & Nikdosti, M. (2025). Analysis of the conditions and regulations of contract termination in the laws of Iran and Iraq.
Eborall, C., & Parker, S. (2022). Termination clauses and implied duties of good faith. *Butterworths Journal of International Banking and Financial Law*. Retrieved from [https://3vb.com/wp-content/uploads/2022/09/Termination-clauses-and-implied-duties-of-good-faith-article.pdf?utm_source=chatgpt.com]
Hassan Faraj Tawfiq, The General Theory of Obligation, Sources of Obligation, Beirut, Al-Dar Al-Jami'iya, 1992, p. 328.
Marcel Yaqzan Habib Sheima, Types of Contract Termination and Its Effects, a thesis submitted in partial fulfillment of the requirements for the Bachelor’s degree in Law, University of Mosul, 2021, p. 14.
Jalil Hassan Bashat, Ali Jumaa Abd, "The Legitimacy of Partial Contract Termination: A Comparative Study," Special Issue for Faculty and Graduate Students’ Research, Vol. 6, No. 4, December 2021, p. 4.
Iman Tareq Maki Al-Shukri and Alaa Al-Din Kazem Al-Ziyadi, "Sanctions for Contractor’s Breach of Obligation to Complete Work," published research in Al-Muhaqqiq Al-Hilli Journal for Legal and Political Sciences, Issue 1, Volume 6, p. 140.
Dr. Muhammad Rabie Anwar Fath Al-Bab, "The Impact of the Principle of Good Faith in Terminating Fixed-Term Contracts: An Analytical Comparative Study," Al-Qanouni Journal, a peer-reviewed scientific journal, p. 174.
Abdel Majeed Abdel Hakim, Al-Mowjaz fi Sharh al-Qanun al-Madani, Vol. 1, Sources of Obligation with Comparative Islamic Jurisprudence, Al-Ahlia Printing and Publishing Company, 1963, pp. 372-373.
Mendi Asia Yasmine, "Public Order and Contracts," Master’s Thesis, Faculty of Law, University of Yousef Ben Khlida, p. 60.
Dr. Hozan Abdul Mohsen Abdullah, "The Concept of Force Majeure and Its Effects on Contract Execution: A Comparative Study in Light of Amendment No. 131-2016 to the French Civil Code," Kuwait International Law Journal, Vol. 9, No. 2, 2021, p. 506.
Hnishi Abu Bakr Al-Siddiq, Boukanoun Younes, "Restrictions on the Principle of Freedom of Contract," Master’s Thesis, p. 12..
Abdullah Jabbar Khshan, "Partial Termination of the Contract – A Comparative Study," Master's Thesis, University of Al-Qadisiyah, Iraq, 2019, p. 76.
Dr. Kamal Muhammad Al-Saeed Abdul Qawi Aoun, "The Impact of Economic Conditions Changes on Contractual Transactions: A Comparative Study," Faculty of Law, p. 468.
Mohamed Mahmoud Al-Masry and Mohamed Ahmed Abdeen, Rescission, Dissolution, Opening, Nullity, and Invalidity in Light of Jurisprudence and Jurisprudential Opinions, University Publications House, Alexandria, 1988, p. 17.
Abdel Razzaq Al-Sanhouri, Al-Waseet fi Sharh Al-Qanoun Al-Madani (The Mediator in Explaining Civil Law), previously cited reference, p. 345.
Ali Al-Kashani, Foundations of Civil Obligations, Al-Zahra Publishing House, 2nd Edition, Iraq, 1998, p. 278.
Dr. Hozan Abdul Mohsen Abdullah, The Concept of Force Majeure and Its Effects on Contract Execution: A Comparative Study in Light of Amendment No. 131-2016 of the French Civil Code, previously cited reference, p. 513.
Dr. Hozan Abdul Mohsen Abdullah, same previously mentioned reference, p. 516.
Ben Issa Zahra and Baaji Mohamed, Fraud in Contracts, Master's thesis, Faculty of Law, University of Algiers, 2016/2017, p. 18.
Abdul Majeed Abdul Hakim, Summary in Explaining Civil Law, previously mentioned reference, p. 374.
Article 195 of the Iraqi Civil Code. This applies the principle that cancels the obligation when the basis of the contract is destroyed due to a sudden force that cannot be resisted or confronted. Article 198 of the Iraqi Civil Code addresses this matter: "The party who fails to perform their obligation due to an unexpected exceptional circumstance beyond their control is exempt from legal liability.
Abdul Razzaq Al-Sanhouri, Al-Waseet fi Sharh Al-Qanun Al-Madani (The Mediator in the Explanation of Civil Law), p. 193.
Mazn Lilo Radi, "Judicial Security and the Reversal of Jurisprudence in Administrative Judiciary," published research in the Political and International Journal, 2019, p. 131.
Dr. Anwar Sultan, Summary of the General Theory of Obligation: A Comparative Study in Egyptian and Lebanese Law, Part One, Sources of Obligation, Dar Al-Nahda Al-Arabiya, Beirut, 1983.
Ali Khairi Jabr, The Effects of Contract Termination for Non-Performance of Contractual Obligations in Iraqi and Iranian Law and the 1980 Vienna Convention on the Sale of Goods (A Comparative Study), Journal of Educational and Human Sciences, 2023, p. 135.
Shibli Mallat,Introduction to Middle Eastern Law, Oxford University Press, First Edition, United Kingdom, p. 136.
Abdul Razzaq Al-Saadi, Civil Law in Iraq, Al-Ma'arif Press, First Edition, Iraq, 2014, p. 89.
Baqir Hasan, Iraqi Civil Law: Theory and Practice, University of Baghdad Press, First Edition, Iraq, 2019, p. 467.
Abdul-Razzaq Al-Saadi, Civil Law in Iraq, previously cited reference, p. 89.
Shibli Malat, Introduction to Middle Eastern Law, previously cited reference, p. 136.
Abbas Fadel Abbas, “The Void Contract – A Study in Iraqi Civil Law and Egyptian Civil Law,” Journal of Al-Turath University College, Issue No. 32, 2022, p. 450
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