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the effect of qualified silence on the expression of will in Iraqi civil law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 27, Volume 16, Issue: 2, June 2026, Pages 652-679 PDF (913.05 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.170742.1760 | ||
| Authors | ||
| ahmed mohammed siddiq* 1; Pashiman Faidhulla Omar2 | ||
| 1Iraq / Kirkuk / University of Kirkuk / College of Law and Political Science | ||
| 2Koya University Faculty of Humanity and Social Science (FHSS) Department of Law, | ||
| Abstract | ||
| This research examines the effect of qualified silence on the expression of will in Iraqi civil law, as one of the precise issues within the general theory of obligations, due to the legal problem it raises regarding whether legal effect may be attached to a passive stance such as silence. The study begins by clarifying the concept of expressing will and the place of silence among the means of expressing it. It then defines qualified silence and distinguishes it from mere silence, characterized silence, and implied expression, while also addressing its legal nature. The study concludes that the general rule is that silence is not attributed any legal statement; therefore, mere silence does not, by itself, amount to an expression of will. However, an exception exists in the form of qualified silence, namely silence surrounded by circumstances, indications, and contextual elements that make it capable of revealing an intention of acceptance or consent. The study also shows that the Iraqi Civil Code adopts this approach by providing that silence, where there is a need for clarification, may be deemed acceptance, and by giving specific examples such as prior dealings between the contracting parties, an offer made solely for the benefit of the offeree, or the buyer’s silence regarding the conditions contained in the invoice after receiving the goods. | ||
| Keywords | ||
| Qualified Silence; Expression of Will; Implied Will; Contractual Acceptance; Iraqi Civil Law | ||
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