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Subjection of the individual legal act to the law of will | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 35, Volume 15, Issue: 2 part 1, September 2025, Pages 942-967 PDF (618.86 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.154930.1391 | ||
| Authors | ||
| Muhammad Jassim Ibrahim Khalaf* ; Saad Hussein Abed | ||
| University of Fallujah / College of Law | ||
| Abstract | ||
| Unilateral legal actions are considered voluntary sources of obligation, and since these actions are characterized by an international character, this requires specifying the applicable law with regard to the obligation arising from them in cases of conflict of laws, but this matter is not embodied in Iraqi law and the majority of other laws. This study concluded that it is possible to apply the law of will contained in Article (25) of the Iraqi Civil Code to unilateral legal actions, but it is not an appropriate control for them, because of the problems it raises that may lead to the interest of the disposer prevailing at the expense of the beneficiary. This study suggested adopting The officer of the place of conclusion of the disposition, and if not, then the officer of the residence of the originator of the disposition, as basic controls for governing these dispositions as they are more valid to apply to them than the law of will. | ||
| Keywords | ||
| Legal action; unilateral action; law of will | ||
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