النية التعاقدية كركن في العقد البسيط في القانون الإنكليزي : دراسة تحليلية مقارنة بالإرادة التعاقدية في القانون المدني العراقي

Abstract EN

The contractual intention regarded as one of the three basic elements of the English simple contract, as well as the agreement (offer + acceptance) and consideration it is worth-bearing in mind that the intention to be legally bound can be defindas the intent by which the contracting parties aim at creating legal relations and establish contractual obligations.

It is also worth-bearing the intention to be legally bound plays a considerable role in distinguishing between agreements having no contractual force, if they expressly negative the intention to be legally bound and the legally binding contacts.

Whereas in the Iraq civil law No.

-40- of 1951 , the contractual intention is not a separate element of the contract, but it is incorporated with the contractual will, which is considered the essence of the contract