The legal nature of the contract of adhesion between professionals (comparative study)

Kadhim, Saif Aldeen Mahdi; Abdel Saheb, Ali Mutshar

doi:10.37651/aujlps.2025.156273.1431

	The legal nature of the contract of adhesion between professionals (comparative study)
Journal of Anbar University for Law and Political Sciences
Article 7, Volume 16, Issue: 2, June 2026, Pages 141-164 PDF (876.71 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.156273.1431
Authors
Saif Aldeen Mahdi Kadhim^* ; Ali Mutshar Abdel Saheb
University Of Baghdad / College Of Law
Abstract
The issue of determining the legal nature of the contract of adhesion is one of the issues that occupied a space in legal jurisprudence, and from this dispute trends have crystallized about determining the legal nature of contracts of adhesion. Despite this, the French legislator did not address the contract of adhesion in its legislation despite the passage of nearly a century since the writing of the French Civil Code. However, in the last amendment to the Contracts Law of 2016, it addressed the organization of contracts of adhesion, and defined their concept and provisions. Since this contract is not preceded by full negotiations by one of the parties to the contract; because the contract is drafted in advance by the other party to the contract, the question arises about equality between the contracting parties and the extent to which it is achieved in such contracts, We also note that the Iraqi and Egyptian civil law did not define the contract of adhesion precisely. If the professional attribute is added to adhesion, the matter becomes more problematic in determining the nature of these contracts.
Keywords
Legal nature; contracts of adhesion; professional

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