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College of Law, Sumer University

كلية القانون جامعة سومر

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

Contract ratification in French civil law according to Decree 131 of 2016: A comparative study with Iraqi civil law

Shaimaa Khodhair Abpass

Abstract

Based on the French legislator's adoption of the legal system of “confirmation contact” in the civil law by decree (131) of 2016, which applies to contracts where consent is vitiated by one of the defects of will such as duress, fraud, exploitation, or mistake, or contracts issued by a person lacked legal capacity, and given the absence of a provision for this system in the Iraqi civil law code no. (40) of 1951 using the same term, where the Iraqi legislator stipulated that a contract where consent is vitiated by one of the defects recognized by general rules is subject to suspension, with the possibility of ratification by the person legally authorized to do so, and due to the importance of the system of confirmation of contract in supporting the stability of legal position, this research seeks to understand the concept of confirmation by examining the following problem: what is the position of Iraqi and French civil law regarding the possibility of ratifying a contract issued by a person lacking legal capacity? This central issue leads to an examination of the similarities and differences between the system of contract ratification known in French law and the system of contract approval known in Iraqi law. Through a comparative analytical approach aims to ratification and approval in French and Iraqi law, this research aims to demonstrate that the system of ratification in French civil law corresponds conceptually to the system of contract approval in Iraqi civil law, with only minor differences in the mechanisms by which it is implemented. The most important result that resolves the conflict is that the French civil law did not adopt the idea of the suspended contract in the same sense known in our civil law. Rather, it is a law that recognizes only the system of nullity, but at the same time divided it in to two parts: absolute nullity that is not followed by confirmation, and relative nullity that is followed by confirmation. The researcher believes that the system of suspension known in the Iraqi civil law is a system that does not need to be amended to correspond to the idea of confirmation known in the French civil law expect in some point. We recommend that the Iraqi legislator amend them, including extending the suspension period from three month to six month to be a sufficient period for reflection, and not rushing to cancel the contract, which may be caused by a state of annoyance or recklessness due to the defect that caused the suspension. We also recommend that the Iraqi legislator allow the other party to take the initiative to submit the request for approval or cancellation, as this supports the stability of legal position.

الكلمات المفتاحية: : Contract Confirmation, Null Contract, Defects of Will, Civil Code..

اقرأ البحث

تحميل تأييد العقد في القانون المدني الفرنسي وفق المرسوم ١٣١ لسنة ٢٠١٦ "دراسة مقارنة مع القانون المدني العراقي (Arabic)

معلومات النشر

كيفية الاقتباس

Shaimaa Khodhair Abpass. "Contract ratification in French civil law according to Decree 131 of 2016: A comparative study with Iraqi civil law ". College of Law, Sumer University, %2026.