Abdullah Najim Abd Al Khanaifsawy
Vol. 15, Jan-Jun 2023
Abstract:
Contractual obligations in Iraq have been affected by the worldwide outbreak of coronavirus and the restrictive measures it has adopted, such as the announcement of the Defense Law. The enforcement of the Defense Law led in some cases to the impossibility to perform the contractual obligations that were previously established which triggered the parties to the contract - the debtor in particular - to invoke the application of force majeure or the doctrine of exceptional circumstances, and in both cases either demand contract frustration or mitigation of the contract. This research addresses the impact of applying the doctrine of unexpected circumstances and force majeure on contractual obligations following the provisions of Iraqi law and considering the legal texts of the defense and civil laws in force in Iraq. To achieve the goals of this research, the relevant legal texts were covered with explanation and detail, supported by the jurisprudence of the Iraqi courts.
DOI: http://doi.org/10.37648/ijrmst.v15i01.010