The psychological element in the performance of contractual obligations: A study in Iraqi and English law
DOI:
https://doi.org/10.64184/ajlps.V2.I4.Y2025.P120-147.258Keywords:
Contractual, Obligation, Performance, Psychological.Abstract
The will of the contracting parties is the fundamental pillar in the formation of the contract, as the psychological element imposes its authority on the formation of the contract from the beginning, so this legal entity does not exist without the will of the parties to form it. The effect of the psychological element in the contract also appears as a determinant of obligations, as the will of the parties to the contract is what determines their obligations. Therefore, the question arises here about the role of the psychological element in implementing the contract and determining its scope as a first stage in order to implement it according to what the will of the contracting parties has determined (according to what it includes) and in a manner consistent with what good faith requires in a second stage.
References
First - Arabic Sources
1 - Léon Duquet: Lessons in Public Law, Al-Adala Magazine, Issue 3, 1979.
2- Ibrahim Al-Mashahdi: Legal Principles in the Jurisprudence of the Court of Cassation, Civil Section, Al-Maktaba Al-Qanouniya, Baghdad, no publication date.
3- Anwar Sultan: A Summary of the General Theory of Obligation, Sources of Obligation, Dar Al-Jami'a Al-Jadeeda, Alexandria, 2005.
4- Jaafar Al-Fadhli: A Concise Guide to Named Contracts - Sale - Lease - Contracting - Al-Maktaba Al-Qanouniya, Baghdad, no publication date. 5. Jalil Al-Saadi: Principles of Contract in Iraqi and English Law, Journal of Legal Sciences, College of Law, University of Baghdad, Volume 25, Issue 1, 2010.
6. Jalil Al-Saadi: Inner Will in Contract - A Study in Iraqi Civil Law, Noor Al-Ain Printing Office, Baghdad, 2011.
7. Hatem Muhammad Abdul Rahman: Clauses of the Contract for the Sale of Goods, A Study in English Law Compared to Egyptian Law, International Journal of Jurisprudence and Judiciary, Faculty of Law, Ain Shams University, Issue 2, Part 2, 2016.
8. Hussein Abdul Qader Maarouf: The Personal and Objective Tendencies in Legal Acts, A Comparative Study, Master's Thesis, College of Law, University of Baghdad, 1999.
9. Suleiman Marqas: The Comprehensive Explanation of Civil Law, Obligations, Contract Theory, Sader Legal Publications, Beirut, 5th Edition, 2019.
10. Suleiman Marqas: Contract Theory, Egyptian Universities Publishing House, 1956. 11- Shiraz Aziz Salman: Good Faith in Contract Formation, Dar Dijla, 1st ed., Jordan, 2008.
12- Salah al-Din Ali: Contract Clauses in English Law: A Comparative Analytical Study with Contractual Conditions in Iraqi Civil Law, Al-Rafidain Journal of Law, Vol. 16, No. 58, Year 18.
13- Abdul-Jabbar Naji al-Mulla Saleh: The Principle of Good Faith in Contract Performance, Master's Thesis, College of Law, University of Baghdad, 1973.
14- Abdul-Hay Hijazi: A Summary of the General Theory of Obligation, Vol. 1, Sources of Obligation, Al-Alamiyya Press, Cairo, 1955.
15- Abdul-Rahman Ayad: The Basis of Contractual Obligation, Egyptian Printing and Publishing Office, Cairo, 1972.
16- Abdul-Razzaq Ahmad al-Sanhuri: The Intermediate Guide to Explaining Civil Law, Sources of Obligation, Al-Halabi Legal Publications, Vol. 1, Beirut, 2009. 17- Abd al-Razzaq al-Sanhuri: Contract Theory, Vol. 2, al-Halabi Legal Publications, Beirut, 2nd ed., 1998.
18- Abd al-Majid al-Hakim, A. Abd al-Baqi al-Bakri, and A.M. 19. Muhammad Taha al-Bashir: A Concise Explanation of the Theory of Obligation in Iraqi Civil Law, Vol. 1, Legal Library, Baghdad, 4th ed., 2010.
20. Abdul Majeed al-Hakim: A Summary of the Explanation of Civil Law, Sources of Obligation, Legal Library, Baghdad, 1979.
21. Abdul Munim Musa Ibrahim: Good Faith in Contracts, Zain Legal Publications, Lebanon, 2006.
22. Ali Yusuf Sahib: The Concept of Contract in Anglo-American Law - A Comparative Study, Al-Qadisiyah Journal of Law and Political Science, Issues 1 & 2, Vol. 3, 2010.
23. Judge Rabi' Muhammad al-Zahawi: Reasoning and Jurisprudence in the Decisions of the Judges of the Courts of First Instance, Dar al-Sanhuri, Beirut, 2016.
24. Majid Majbas Hassan: Implied Contractual Obligation and its Sources in Iraqi and English Law, A Comparative Study, Maysan Journal of Comparative Legal Studies, Issue 12, Vol. 1, 2024.
25. Majid al-Anbaki: The Content and Scope of the Contract Its transfer in English law, Journal of Law, Al-Nahrain University, Volume 3, Issue 3, 1999
25- Muhammad Salman Al-Ahmad: The General Theory of Civil Intent, Al-Halabi Legal Publications, 1st Edition, Beirut, 2009.
26- Muhammad Taha Al-Bashir and Dr. Ghani Hassoun Taha: Real Rights, Legal Library, Baghdad, Vol. 1, no publication date.
27- Henry Riad: Cause and Intent of Contract, Dar Jalil, Beirut, 1st Edition, 1983.
28- William Suleiman Qaladah: Expression of Will in Egyptian Civil Law, Modern Commercial Press, Cairo, 1st Edition, no publication date.
29- Younis Salah Al-Din Ali: A Concise Explanation of English Contract Law, Zain Legal Publications, Beirut, 1
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