The defferenation of the contract, as alegal concept, is one of the new ideas in scientific research, aim to charectrise each condition or obligation of the contract, as an independent contract of the other parts, conclude under the agreement of the parties on a specific object with its own cause; this idea had applied in international contract too, specifically with the choice of law applicable to the international contract, that’s also supported by the potentiality of chossing the applicable law after concluding the international contract.

     The choice of the applicable law, play a significant role in implementing the function of the international contract as a gear to org

The reliance damages for depending upon the contract are considered as a type of damages arising from the breach of the contract, which are included within the common law remedies for the damage and loss suffered by the non-breaching party. It is worth-bearing in mind that the reliance damages are monetary in nature, and different from such equitable remedies as the specific performance and the injunction which are of real nature. It is to be noted that this piece of research is dedicated to study the concept of the reliance damages in the English law, as well as their states, the judicial doctrines upon which this type of damages is based, and the manner how the courts estimate them. Compared with situation of the Iraqi civil law No. (4

يعد موضوع المحل من المواضيع الشائكة في القانون المدني ، اذ ان هذا الموضوع رغم قدمه الا انه لازال يمثل ارضا خصبة للبحث ، اذ يوجد خلاف حول تحديد الكائن القانوني الذي يعد المحل ركنا فيه ، حيث اختلفت التشريعات في هذه المسألة ، فبعض التشريعات تذهب الى ان المحل ركن في العقد ، وبعضها يذهب الى ان المحل ركن في الالتزام ، وبعضها يذهب الى ان المحل ركن في العقد وركن في الالتزام وقد انتقل هذا الخلاف الى الفقه فظهر فيه عدة اتج

The topic of subject-matter is one of the thorny issues in civil law, as this topic despite its antiquity still represents a fertile ground for research , There is a dispute about the determination of the legal object in which subject-matter is element in it ,Where the legislation differs on this issue , Some legislation states that the subject matter is an element of a contract, and Some of them states that the subject matter is an element of an obligation, and Some of them states that the subject matter is an element of a contract and an obligation , This dispute has moved to jurisprudence, There were several directions in it , The research ended with us saying that the subject matter is an element of a contract.

يتناول البحث جزاء الاخلال بالوعد بالتعاقد في ضوء تعديل القانون المدني الفرنسي بموجب المرسوم رقم 131 لسنة 2016

  Breach of the promise to contract and the penalty resulting from this breach is one of the important topics that occupied a wide space of interest in civil law jurisprudence when studying the subject of the promise to contract, and this importance did not disappear from the mind of the judiciary, so it was present in its decisions. This importance is due to the specificity of the promise to contract, despite being a contract Like other contracts, the breach of it is characterized by a special nature, as it may take place before the stage of expressing the desire on the part of the one who is promised, and it may be after expressing that desire. Based on this importance, the penalty for breaching the contract promise will be the su

France attached great importance to public funds Article 15 of the Declaration on Human and Citizen's Rights (DDHC) stipulates that society has the right to hold any public official accountable for his or her administration. For that reason, the French legislature has established a body specialized in the control of public funds, which it calls the Court of Accounting. It has established the Court of Budget and Financial Discipline to assist it. The courts are run by judges who cannot be dismissed. The courts are also given jurisdiction, administrative jurisdiction and the role and purpose for which they have been assigned

Time is an essential element of contracts، as there is an independent in many parts of each contract، but the time dimension has a significant impact on the provisions of all contracts and is not limited to a particular range of contracts، and French and Arab jurists alike have called for this dimension to be given special attention، and as a result the French legislator has introduced the term duration of the contract، to try to limit the temporal elements، to clarify their provisions and to distinguish between them in decree131/2 016، but for our Arab country it did not receive the appropriate answer. The problem of duration in contracts relates to the lack of clarity of the idea، and then to confuse the various time terms in the

The contact will be obligated as well as strong if it is contracted in right way. The contract is as the law in its obligation. Everyone must be followed the law so he /she must be obligated in the contract that he /she contracted. There is no clear suitable justification about the concept of partner in the contract that leads to this concept not to be stable. It becomes clearer when the idea of the group of contract appears. The idea of the group of contract in determination of the concept of partner is criticized by the jurisprudence. It tries to put a new concept for the partner in the contract or another one and also they have the same. The persons who have the adjective of partner should be having the same power which enjoy with the

For the premature termination of the contract is the creditor’s ability to request the termination of the contract due to the debtor’s breach of the execution date based on the debtor’s explicitness not to perform upon the occurrence of this date or because of a presumption proving that breach. Or return it to the extent of the creditor’s ability to prove what he claims, and thus the burden of proof falls on the creditor.

There is no difficulty in proving the debtor's declaration of non-performance, but the difficulty lies in proving the perceived breach in the future, that is, the creditor concludes earlier on the date of implementation that the debtor will breach his obligation and therefore the creditor does not obtain