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The concept of special excuse and its effect on the termination of the lease contract "A comparative study" | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 11, Volume 16, Issue: 2, June 2026, Pages 255-289 PDF (851.23 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.152917.1339 | ||
| Authors | ||
| Abdul Razzaq Salah Qasim Hamdan* ; Diraa Hammad Abdul | ||
| College of Law / Department of Private Law / University of Fallujah | ||
| Abstract | ||
| Given that the fundamental nature of a lease contract is that it is an obligatory contract that cannot be revoked except by a statutory provision or mutual agreement, the occurrence of excuses affecting one of the parties, whether stemming from the contract's inception or during its execution, may render such execution burdensome. This necessitates a departure from the binding nature of the contract to alleviate the harm resulting from such an excuse. While the theory of force majeure is limited to general circumstances, it calls for legislative intervention regarding potential special excuses that may affect the contracting parties. The Iraqi legislator has drawn upon the concept of excuses from Islamic jurisprudence, balancing the various Islamic schools of thought regarding the acceptance of excuses. These schools have not reached a consensus on the acceptance of special excuses, with some broadly recognizing them as grounds for termination while others limit their scope. Consequently, the Iraqi legislator's approach to excuses is a blend of different legal doctrines, permitting the termination of a lease due to the tenant's financial incapacity, while not categorically allowing termination upon the tenant's death. Similarly, the landlord's need for the leased property does not automatically result in the lease's termination unless previously agreed upon. Moreover, the Iraqi legislator has taken precautions regarding potential damages arising from the termination of a lease contract before its expiration, which may affect the other party still committed to contract execution. | ||
| Keywords | ||
| Special Excuse; Lease Contract; Fair Compensation | ||
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