Analysis of the Conditions and Regulations of Contract Termination in the Laws of Iran and Iraq

Abstract

Contract termination is an essential legal tool in contractual systems, allowing the termination of contracts when specific conditions arise or when one party breaches its obligations. This paper analyzes and compares the conditions and regulations regarding contract termination in the legal systems of Iran and Iraq. Initially, the concept of contract termination, its differences with other methods of contract dissolution, such as rescission and cancellation, and its significance in protecting the rights of the parties are discussed. The study then examines the various types of contract termination in both countries, including legal termination, contractual termination, and termination due to non-performance of obligations. The paper addresses the similarities and differences in the concepts and provisions of contract termination in both legal systems and explores the challenges related to its implementation and legal processes, the economic implications of contract termination, and its impact on business and financial relationships. Furthermore, the paper proposes solutions to improve the process of contract termination in both countries, including legal reforms, clarifying judicial procedures, and suggestions to mitigate the negative economic effects of contract termination. The findings of this research indicate that, despite major similarities, there are significant differences in the implementation and conditions of termination in both countries, which can affect the commercial and economic relationships between parties. Ultimately, the paper emphasizes the necessity of legal reforms and procedural changes in both countries to facilitate the fair enforcement of contract termination principles.