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College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082
Researchers in the field of law

Defects in consent between protecting contractual will and the stability of civil transactions - a comparative study

علي علي

Abstract

The Iraqi Civil Code No. (40) of 1951, as amended, defines a contract in Article (73) as "the binding of an offer issued by one of the contracting parties with the acceptance of the other in a manner that establishes its effect on the subject matter of the contract." It also defines the element of consent or mutual agreement, which is considered the fundamental element of a contract, as the binding of an offer issued by one of the contracting parties with the acceptance of the other in a manner that establishes its effect on the subject matter of the contract. For this element to be valid and produce its effects, the will must be free, conscious, sound, and free from defects and impurities that affect the will of one of the contracting parties and deprive it of its freedom or soundness, thus rendering the contract suspended and voidable for the benefit of the party affected by the defect. Defects of will (consent) are limited to four basic defects: duress, mistake, undue advantage, fraud, and exploitation. These defects have received attention in Islamic jurisprudence and civil legislation. The Iraqi civil legislator addressed these defects in Articles (112) to (125). The importance of these defects lies in the fact that they affect the very foundation upon which contractual freedom rests. The legislator has established special legal rules to protect the contracting party whose consent was marred by a significant defect.

الكلمات المفتاحية: defects, Consent, Dures, Mistake, Gross Inequality, Fraudulent Misrepresentation, Exploitation

اقرأ البحث

تحميل عيوب الرضا بين حماية الإرادة التعاقدية واستقرار المعاملات المدنية- دراسة مقارنة (Arabic)

معلومات النشر

كيفية الاقتباس

علي علي. "Defects in consent between protecting contractual will and the stability of civil transactions - a comparative study". College of Law, Sumer University, %2026.