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The Legal Regulation of Secondary Obligations Supporting the Performance of the Contract (A Comparative Study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 32, Volume 16, Issue: 1, March 2026, Pages 978-1006 PDF (1.07 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.169212.1732 | ||
| Author | ||
| Aseel Najim Abdullah* | ||
| University of Dhi Qar / College of Law | ||
| Abstract | ||
| Secondary obligations supporting contractual performance constitute important legal mechanisms for achieving effective performance of contractual relationships, as reliance on the mere literal performance of the principal obligation is often insufficient to fulfil the practical purpose intended by the contract. Accordingly, this study addresses the subject through two sections: the first examines the legal nature of secondary obligations supporting contractual performance, while the second analyses their main practical applications, particularly the duty to inform and the obligation to ensure safety. The study concludes that such obligations cannot be regarded as independent from the principal obligation in terms of their origin, as they arise in connection with it and accompany its performance in order to ensure its proper fulfilment. However, they may be autonomous in terms of their legal effects, insofar as a breach thereof may give rise to contractual liability even where the principal obligation has been formally performed. The study further reveals a legislative inadequacy in the regulation of secondary obligations within the legal systems under comparison, as well as the limited role of Iraqi courts in articulating them. Iraqi jurisprudence generally confines itself to the application of general principles—most notably the principle of good faith—without expressly formulating secondary obligations of a specific nature, in contrast to the more developed judicial approach adopted by French courts. This situation underscores the need to strengthen the legal framework governing secondary obligations in a manner conducive to contractual balance and effective contractual performance. | ||
| Keywords | ||
| Secondary obligations; ancillary matters; good faith; duty to inform; obligation to ensure safety | ||
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