العربون بين المتعاقدين

الملخص EN

Deposit is an amount of money or another transfer that is paid by one of the contracting parties to other contracting party to indicate that the contract has become final and cannot be revoked only if both parties decide to leave it.

Civil laws differed about deposit as some old Latin laws consider the deposit is a pond to keep the right of continuation the contract, while modern laws consider the deposit as a confirmation of the contract.

The Iraqi law is complies with modern laws as it mentioned in text 92 of applied civil law in Iraq.

The judgment that follows the paying the deposit upon contracting as a penalty for revoking the contract and if the contract is executed, the deposit is calculated with the principal price agreed but if one contracting party chooses to revoke the contract, he have to lose the deposit, while if other contracting party abandoned the contract, he must return the money that was paid to him (deposit) doubled.

The judgment that follows on the significance of paying the deposit upon contracting indicate that the contract has become final and cannot be revoked as the deposit is partial execution of the contract which must be completed and where the jurists are divided over the legal adaptation of the deposit, as some of them think that the deposit id dependent on suspended or annulled condition.

However, it is blamed for this adjustment that it is impossible to determine the source of the obligation to pay the deposit.

While other thinks that the legal conditioning of the deposit is a substitute for the original commitment.

The deposit is distinguished from the penalty clause (the agreed compensation) by the case of damage which stipulated in the penalty clause and not required in the deposit and the penalty clause is subject to increase or decrease according to the cases permitted by law but the deposit is not, in addition to that the requirement of excuses in the penalty clause without its requirement for the deposit