بنود العقد في القانون الإنكليزي : دراسة تحليلية مقارنة مع الشروط المقترنة بالعقد في القانون المدني العراقي

الملخص EN

It is worth-bearing in mind that the contract is made up of various statements, promises and stipulations, which are grouped together under the word (terms).

The term may be express or implied.

It is to be also that the terms of the contract determine the extent of each party’s right and duties.

The terms of the contract can also be classified into conditions, warranties and in nominate terms.

Conditions in the English law are so important terms that they are closely related to the essence of the contract and considered as the heart of the contract.

The warranties are contractual statements of lesser importance and they are not regarded as vital or essential to realize the main purpose of the contract, whereas in nominate terms are considered as intermediate ones.

It should also be noted that the Iraqi civil law has organized the conditions associated with the contract, and classified term into valid, corrupt and void conditions.