Effect of the Impossibility of Implementation Without Error in Amending the Contracting Contract and Entitlement to Compensation

Authors

  • Hadi Saleh Taha ,Hussein Abdel Qader Maarouf

Keywords:

Iraqi Civil Code, scope of the contracting

Abstract

The impossibility of implementation without error within the scope of the contracting contract is a legal idea that deals with a case of expiry of the contracting contract, and since the impossibility of implementation without error is a realistic case, it has implications for that impossibility of implementation without error, and therefore these obligations arranged by this contract were not implemented. If the contract is modified due to the impossibility of implementation without error, this affects the compensation. Article 168 of the Iraqi Civil Code stipulates that: ((If it is impossible for the obligor to perform his obligation in kind, he shall be ordered to pay compensation for not fulfilling his obligation unless it is proven that the impossibility of implementation has arisen For a foreign cause that he has no control over, and the same applies to the ruling if the obligor delays the implementation of his obligation" as stipulated in Article 425 of it that : "The obligation lapses if the debtor proves that fulfillment of it has become impossible for him, due to a foreign reason that he has no control over."

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Published

2021-08-27