Distinguish between the place of contract and the place of obligation arising from the contract An analytical study

Abstract

The jurists do not agree on setting a certain criterion that can be used to distinguish the place of the contract from the place of the obligation arising from the contract, especially since some of them looked at the contract to determine its place, making it the place of its effect, and this problematic, while others made it the place of commitment itself ... etc. The subject of the contract and the place of commitment arising from the contract, so this research came to discuss and analyze the legal texts and the extent to which they can be applied to the subject under study in the Iraqi civil law and comparative laws with those provisions established by Islamic jurisprudence around it in order to reach a proposal of legal texts dealing with provisions P under study in the Iraqi civil law.

Keywords

• civil code
• civil contract
• contract