The Official Journal for College of Law and Political Science, Alnoor University

The Confirmation of the Voidable Contract Nullity of the Contract in the New French Law of Contract of 2016/ An Analytical Comparative Study with the Confirmation of the Suspended Contract in the Iraqi Civil Law

Volume 2, Issue 2
Spring 2025
Pages 66-77

Document Type : Original Article

Author

College of law and international relations. Cihan private university

Abstract
    This research is concerned with studying and investigating the confirmation of the voidable contract in the relative nullity or invalidity, according to the new French law of the contract, issued according to the ordinance n° 2016-131 dated February 10, 2016 concerning reforms of the law of contract, general regime and proof of obligations. It is defined as a legal disposition by which the person renounces unilaterally the demand of invalidating the right. Whereas the Iraqi civil law No. (40) of 1951 regulated the confirmation of the suspended contract, because of being affected or influenced by the Islamic jurisprudence. And classified the contract into two types: the valid and void contracts, and considered the suspended contract as a type of the valid contract, but it is unenforceable. And did not adopt the notion of the relative nullity or invalidation embraced by the French civil code. The problem of the research lies in the possibility of how to make use of the principle of the unenforceability of the confirmation of the voidable contract against those parties who refused to confirm the contract, in the case of the multitude of the parties having the right to bring the action of invalidating or nullifying the voidable contract, and to apply it to the suspended contract in the Iraqi civil law. As well as the adoption of the method of the interrogative interpellation. This study has adopted to the analytical comparative methodology of the legal research, and the main finding of this study is the possibility of the Iraqi civil law to make use of the above-mentioned principle. The researcher suggests some relevant recommendations to the Iraqi legislator.

Keywords

  • Receive Date 10 March 2025
  • Revise Date 25 March 2025
  • Accept Date 12 April 2025
  • Publish Date 29 June 2025