Exceptions to the principle of the contract of the law of the contracting parties in civil law A comparative study

Abstract

The principle of the contract is the law of contracting, which is one of the most important legal principles, especially in the field of civil law, is one of the results of the principle of power of will. In civil law, this principle has become a consistent, stable principle with a consistent and precise concept in the field of contract theory. This principle indicates that the origin of the contract, when it was created in accordance with the law, was contracted by both contractors and subject to the law. Therefore, it is said that the contract is the law of the contracting parties, one of which can not be revoked or amended unless the agreement or law permits it to do so. , And this principle also obligates the judge, as it is not - as a general principle - to intervene in order to resolve the parties. This principle has some exceptions both in terms of amendment or termination of the contract, and these exceptions are subject to the idea of justice and the law and its objectives. The importance of the research topic lies in the importance of the contract as a source of commitment on the one hand, and in the importance of the contract principle of the law of contracting in the stability of transactions on the other hand. In addition, the exceptions to this principle are scattered in the folds of civil law books, What, we tried to organize and collect in this research. these exceptions to this principle, divided into two parts, some of which leads to the amendment of the contract, and the other section leads to revocation of the contract or its dissolution, based on that our research into three topics, in the first topic we touched on what this principle, and In the second part, we discussed the exceptions to this principle in terms of amendment of the contract. In the third and last section, we looked for the exceptions to the principle in terms of revocation or dissolution, all through a comparative analytical approach between the Iraqi civil law and other civil laws