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Manifestations of the will being bound by the law | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 40, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 811-828 PDF (814.67 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.186697 | ||
| Authors | ||
| Danaer Abdul Ghaffar Aziz* 1; Zahir Majeed Qadir2 | ||
| 1Soran University / Faculty of Law and Political Science and Higher Education Administration | ||
| 2University of Salahaddin / College of Law | ||
| Abstract | ||
| There is no doubt that all legal relationships, whether contractual or non-contractual, are underpinned by human will. These legal relationships produce their effects when two or more wills converge. Human beings live in society, and the first goal is to respect their will and freedom, and all legal obligations have their source in free will, which is dominant over all sources of obligation, and its power is manifested in the contract, which gives the person full freedom to enter into contracts and legal obligations. This does not mean, however, that freedom of will in contractual relations is absolute, but rather that it is limited by various legal controls that properly guide it. Willfulness appears not only in contractual relations, but also in non-contractual relations and in other matters that the law imposes on man to comply with the law with his will, and on the contrary, in matters that are not subject to man's will, the law holds him legally responsible, as well as the person who adopts an involuntary attitude towards him is held legally responsible because he has no will in this matter. Therefore, we can say that the will to protect legal and judicial security has a great role in the protection of the judicial and legal system, as it exists in many countries where the competent authorities seek to adhere to the will and protect judicial and legal security, which leads to the emergence of the will of the State and its institutions. | ||
| Keywords | ||
| Manifestations; Relationships; Contractual; Non-contractual | ||
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