Force majeure and its impact on the contract (comparative legal study(

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Abstract

:   Individuals within society are linked to each other by different legal relations, which result in certain obligations, which the legislator is assigned to organize in a way that guarantees justice and stability in transactions, and this is evident through his organization of the theory of force majeure, which is considered one of the most complex issues due to the cause of the contractual imbalance of the parties to the contract, and that force Force majeure that occurs unexpectedly by the parties to the contract, causing a contractual imbalance and the obligation to compensate when its legal conditions are met While the injured creditor seeks to obtain compensation to redress the damage he

suffered, the debtor seeks to get rid of responsibility and thus from compensation by denying the causal relationship between the error and the damage through the existence of force majeure, which may be suspected with other forms such as emergency circumstances and sudden accident that lead to exemption. From responsibility, and this may occur during the execution of contracts, it shares features and characteristics with force majeure, but they differ in the effect resulting from their realization, and the forms of the foreign cause are multiplied, and for this reason, its images are sometimes similar, although there is a slight difference.

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Published

2025-09-23

How to Cite

Force majeure and its impact on the contract (comparative legal study(. (2025). Kufa Journal of Legal and Political Sciences , 16(58). https://journal.uokufa.edu.iq/index.php/kjlps/article/view/21686

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