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

he Effect of Contractual Drafting on the Performance of Contractual Obligations – A Comparative Study –

Volume 3, Issue 2
Spring 2026
Pages 81-89

Document Type : Original Article

Authors

College of Law\ Mosul University

Abstract
The stage of contract performance represents the phase in which the contractual will is practically manifested through the execution of the obligations arising therefrom. Contractual drafting constitutes the principal instrument that governs such performance and determines its scope and limits. This research aims to examine the impact of contractual drafting during the performance stage by analyzing its role in defining the nature, extent, and timing of contractual obligations, as well as its effect on performance guarantees such as penalty clauses and delay damages. It further explores its role in interpreting cases of non-performance, whether resulting from drafting deficiencies or from explicit provisions stipulating exemption from or limitation of liability. This study adopts a comparative analytical methodology through the examination of legal texts, particularly the provisions of the Iraqi Civil Code. It concludes that precision and clarity in contractual drafting constitute a fundamental safeguard for the stability of contractual relationships. Any defect in drafting may lead to disruption in performance or to judicial disputes, thereby rendering precise contractual drafting an essential requirement for achieving legal certainty at the stage of performance.

Keywords

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Subjects
  • Receive Date 05 March 2026
  • Revise Date 15 April 2026
  • Accept Date 22 April 2026
  • Publish Date 01 June 2026