TOWARDS ADOPTING THE TRIPARTITE DIVISION OF THE SOURCES OF COMMITMENT IN THE IRAQI CIVIL LAW (A COMPARATIVE STUDY)
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue issue 38 part 1, Pages 495-534
AbstractThe commitment theory represents one of the basic pillars on which the civil law is based, and the subject of the divisions of commitment sources is one of the basic topics in commitment theory. Where the sources of commitment have been the subject of study and doctrinal discussion by quite a few civil law jurists, and the positions of civil laws on them have varied and differed among themselves. Therefore, we find that the arrangement of the sources of commitment in civil laws has witnessed a continuous development and change. Perhaps the most prominent of this development is what happened in the French Civil Code in 2016. A broad and large amendment to the French Civil Code in force for the year 1804 was issued, and the new division of the sources of commitment in the French Civil Code, It is he who was called for by quite a few civil law scholars in Egypt, including specifically Prof. Dr. Abder Razzaq Al-Sanhoury, and it was also adopted by the Iraqi civil law draft of 1986, which means that Iraq preceded France in trying to adopt the tripartite division sources of commitment.
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