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The Principle of Hierarchy and its Impact on Contractual Obligations | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 50, Volume 16, Issue: 2, June 2026, Pages 1245-1266 PDF (1.11 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.169221.1741 | ||
| Author | ||
| Hanaa Saleh Kharbit* | ||
| College of Law / University of Anbar | ||
| Abstract | ||
| This research examines the principle of hierarchy in contractual obligations as a modern principle that contributes to restoring contractual balance. It does so by distinguishing between obligations according to their importance and function in achieving the economic and legal objectives of the contract. The research begins with the premise that contractual obligations are not all of equal importance, but rather vary between essential obligations upon which the contract is based, and secondary or supplementary obligations whose breach does not entail the same legal consequences. The research concludes that the principle of hierarchy represents an effective interpretive and judicial tool that contributes to achieving a balance between the creditor's interest in obtaining performance and the debtor's interest in avoiding disproportionate penalties. This enhances contract flexibility and keeps pace with the development of modern transactions. The scope of this research was limited to studying the principle of hierarchy in contractual obligations within the framework of civil law in two sections. The first section was dedicated to explaining the conceptual framework of the principle of hierarchy in contractual obligations, while the second section was dedicated to explaining the effect resulting from the application of the principle of hierarchy in contractual obligations. | ||
| Keywords | ||
| Hierarchy; Contractual Balance; Gradualism; Essential Obligation; Secondary Obligation | ||
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