عقود الإطار : دراسة مقارنة في ضوء مرسوم قانون رقم (131-2016)‎ للقانون المدني الفرنسي

الملخص EN

This study touched on the most prominent developments in the French civil law, especially after the French legislator issued the decree of Law No.

(1312016-) on February 10, 2016 to amend the theory of contracts and commitment, as he allocated some special legal texts in order to determine the price in some exceptional contracts, namely the framework contract and the contract Providing services in articles (11641165-) of the amended civil law.

The aforementioned articles appeared as a result of the judicial development of the opinion of the French Court of Cassation, especially in 1995, and as a result of that, the concept of contracting a framework appeared in Article (1111) in the civil law, where the French legislator has refined By giving one of the parties to the contract the right to determine the price in the tire contract, but to set penalties in the case of arbitrariness in determining the price, by giving the debtor the right to request compensation from the judge and to terminate the contract when necessary.

As for the Iraqi legislator, it did not regulate the framework contract within the scope of the civil law, but it did regulate the lien contract and the supply contract in the commercial law, but it did not include how to determine the price in these contracts and as a result of that, it is necessary to refer to the general rules in the civil law in the sale contract to determine the price.