The Right of the Government to Terminate Private Contracts

Cancellation of private contracts whose termination is due to the absence of one of the parties to the contract in the contracts concluded between the two parties in the presence of the applicant to perform that duty, and the cancellation is often in practical life, because it is one of the most important matters in the law. Cancellation is judicial, or it may be a contract, or it may be rescinded (terminated) according to the law, and then knowing its effects Cancellation due to the failure of the contract between the two parties to the contract, that is, the return of the contracting parties to the situation that preceded the contract. Regarding the abolition of the private contract in Iraq, we extend the texts of some of its clauses, and we draw attention to the presence of a reference to the indirect recognition of the contractual freedom of public individuals and the restrictions imposed on it. The freedom to recognize this freedom, because the Administrative Court of Justice in its decision signed the contract and indicated that there is a difference between the administration and the individual in the freedom of contract, and stated that the reason for this difference lies in it. Procedures laid down by the legislature in law and regulations, and espoused in decision logic… One of the accepted principles is that management does not equal individuals in the will of contracts, whether civil or administrative. The most important results of the study can be summarized as follows: Cancellation is one of the guarantees stipulated in the law that the creditor in the contract of the two parties has a choice between a request for special execution, if possible, or a request to cancel the contract to force the debtor to do something with it. You owe the debtor a waiver of enforcement and if private enforcement is not possible or useless for the debtor. If the creditor has performed his duty, his withdrawal entitles him to respond to what he did in the event of delivery and if the debtor has partially fulfilled his obligation and the creditor does not wish to remove all effects of the contract, he may request partial cancellation until the division of this case and the debtor must abide by all the effects The contract, and the judicial role should be one of the necessary solutions to resolve the conflict between the two parties to the contract and not agree to the request for cancellation between the contracting parties with an unjustified and sufficient pretext that convinces the judicial side in it as a simple violation by one of the contracting parties. In this study, the researcher will follow the descriptive-analytical approach by collecting information on the subject of the study and mastering it to the fullest extent, and working on analyzing the legal texts in relation to the Iraqi civil law.