عقود تقييد ممارسة التجارة أو المهنة في القانون الإنكليزي : دراسة مقارنة بالقانون العراقي

Abstract EN

The contracts in restraint of trade are considered as void contractsaccording to the English common law, that is to say, they are prima facievoid.

Because their vividness is presumed and based upon a rebuttablepresumption that these contracts are contrary to the public policy inprinciple.

Owing to the unreasonableness of the Restraint of Tradeconditions or terms in which they are included.

But if it is proved that theysatisfy the requirements of reasonableness, in accordance with thecontracting parties, and both the temporal and spatial extent of their cominginto effect, as well as the public interest.

The court will validate them.

It isalso worth-bearing in mind that this type of contracts fall under contractsvoid at common law on the grounds of public policy, which are regardedas the second type of the void contracts in the English law.

In addition tothe first type represented by contract void by Statute.

It is alsoworth mentioning that contracts in restraint of trade can be nullified orinvalidated according to both the doctrine of Restraint of Trade anddoctrine of illegality arising from the judicial precedents of English courts.