الشرط المشدد في المسؤولية العقدية

Abstract EN

Individuals within the community associated with different legal relationships result in certain legal obligations, requires the one responsible on organizing it to ensure stability of the transactions and the achievement of justice in the community.

we will talk about some of the most important applications of the emphasis condition in some of traded contracts in civil law as a contract of sale and rent and entrepreneurship, so our search will be limited on the emphasis condition in the responsibility but not the delinquency responsibility, the researcher concluded: check the responsibility if the debtor made the responsibility of commitment employed by either the debtor vassals, the text of the law in accordance with the provisions of Article 219 of the Iraqi civil law, the jurisprudence came with restrictions on the agreement in the emphasis in the contractual responsibility condition where they decide that the condition must be clear and nor ambiguous and not be contrary to good faith in the execution of contracts and this is based restriction on a legal basis and registration make it clear that the condition as an adhesion contract.

the debtor should afford non-permissible error, but it creates difficulties by the fact that the damage to the creditor is the collateral damage on the other, so the (debtor) cannot face the other because there are no effects in the contract to face the other, the agreement to ensure the lesser to hold the financial exposure of the other where the law requires no security, but that rule is not a provision of general order, so it is worth to agree on offense through the emphasis.

In the construction contracts condition may be left to the debtor as they architect or contractor warranty period not exceeding 10 years as a suit that security does not fall off the duration of 10 years if issued by the debtor's fraud.