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Provisions on the destruction of the property in suspended contracts(A comparative analytical study in civil law) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 6, Volume 16, Issue: 1, March 2026, Pages 142-165 PDF (705.58 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.156272.1430 | ||
| Authors | ||
| Awdir Abdullah Bayez* ; Ismail Namiq Hussein | ||
| Department of Law/College of Law- University of Sulaymaniyah- Kurdistan Region of Iraq. | ||
| Abstract | ||
| This research is devoted to studying the provisions of the destruction of the property in suspended contracts, through defining suspended contracts and stating the cases that lead to the suspension of the contract, then after that stating the provisions of the destruction of each case that leads to the suspension of the contract due to the lack of capacity, such as the voluntary act and the agent exceeding the limits of the agency, as well as a defect in consent, through explaining the provisions of the destruction of the property in coercion or error and deception, then a deficiency in capacity, concluding what this research has reached with what these legislative texts have established and stating the cases of legislative shortcomings in them, and reaching the appropriate recommendations to develop Iraqi civil legislation regarding the cases of destruction in it. This research is divided into an introduction, two sections, and a conclusion. In the first section, we show the provisions for the destruction of the property in a suspended contract due to the lack of capacity. It is in turn divided into two requirements. The second section is entitled the provisions for the destruction of the property in a suspended contract due to a defect in consent. It is also in turn divided into two requirements . The conclusion includes the conclusions and recommendations in it. | ||
| Keywords | ||
| destruction of property; suspended contracts; civil law; compensation | ||
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