Liability for breach of contractual warranty (Comparative study)

Main Article Content

Melad Karim Rahma
Majid Majbas Hassan

Abstract

Liability for breach of the contractual guarantee is one of the most important effects of contractual guarantees, as it is manifested in the obligations of the parties arising from the contract, whether these obligations are mutual (in contracts binding on both parties) or on one party for the benefit of the other party (in contracts binding for one side), as these obligations arise in the parties to the contract, and contractual guarantees have an impact on commercial relations, as the guarantee may affect the relations between the parties, as it can lead to more confidence or tension of relations in the event of problems in fulfilling obligations, and contractual guarantees also have an impact on the settlement of legal issues related to debt in the event of a dispute, in addition to their effect also manifested in determining liability (the responsibility of each party to the contract), and who bears responsibility for any damage or losses that may result from non-compliance with contractual obligations

Article Details

How to Cite
Karim Rahma م. ., & Majbas Hassan م. . (2026). Liability for breach of contractual warranty (Comparative study). MIsan Journal of Comparative Legal Studies, 14(1-1), 25–43. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/505
Section
Articles

References

First: Arabic references

(1)Dr. Said Mubarak and Wad Taha Al-Mulah Hawish Wad Sahib Obaid Al-Fatlawi: Summary in the Contracts Named, Beirut, Dar Al-Sanhouri, 2015.

)2(Dr. Abdul Razzaq Al-Sanhouri: The brief explanation of civil law, the theory of commitment in general, Dar Al-Nahda Al-Arabiya, Cairo, 1966.

(3(Dr. Abdul Majid Al-Hakim and Dr. Abdul Baki Al-Bakri and Dr. Mohamed Taha Al-Bashir: The brief in the theory of commitment in the civil law Sources of commitment, vol. 1, Cairo, Al-Atak Company.

(4)Aladdin Abu Bakr bin Masoud Al-Kassani Al-Hanafi: The beginnings of the trans in the order of the laws, Dar Al-Kitab Al-Scientific, Lebanon, vol. 5, I4, 1406 AH, 1986 AD.

(5(Dr. Ali Hadi Al-Obeidi: Named Contracts, Culture House for Publishing and Distribution, 2005.

(6)Dr. Mohamed Sabri Al-Saidi: It is clear in the explanation of civil law the general theory of obligations, the provisions of obligation, a comparative study in Arab laws, Dar Al-Huda, Algeria.

(7)Dr. Mohammed Youssef Al-Zoubi: So-called Contracts Explaining the Sales Contract in Civil Law, Dar Al-Tawba for Publishing and Distribution, Amman, 2004.

(8)Dr. Mahmoud Jamal al-Din Zaki: Problems of Civil Liability, Vol. 2, 1990.

Second: Research and university theses

)1)Ahmed Bakhit Mohammed Hassan: Guarantee in Contractual Liability in Islamic Faqah, a research published in the Journal of Scientific Development for Studies and Research, Volume II, Issue 5, 2021.

(2) Ibrahim Shasho:Contract of Entrepreneurship in Islamic Jurisprudence, Damascus University Journal of Economic and Legal Sciences, Volume 26, Issue 2, 2010.

(3)Dr. Hossam Afana: Transactions, Contracting Contract, Volume 12.

)4( Zahraa Sami Akkar: After the hidden defect in the lease contract, Master's thesis, Faculty of Law and Political Science, Iraqi University, 2032.

(5( Mr. Abdullah Mohammed Khalil: Ensuring hidden defects in the sale of the property, a comparative study, Faculty of Sharia and Law, Al-Azhar University.

(6) M. Dr. Mushtaq Abdul Hay Abdul Hussein: Compensation for the newborn from industrial fertilization (comparative study), research published in the Maysan Journal for Comparative Legal Studies, Volume 1, Issue 10, 28/2/2024.

(7) Mona Naeem Jaaz Al-Shiai: The content of the contract is a comparative study with French and English laws, his doctoral thesis, Faculty of Law, University of Baghdad, 2019.

(8) Nasser Hussein Jabbar Al-Saadi and A. Mohammed Jassim Al-Saadi and A. Amer and Non-Mehisen Al-Kaabi: Applications of Emergency Conditions in Islamic Law on Contracts (Comparative Study), Research Published in Maysan Journal for Comparative Legal Studies, Volume 1, Issue 10, 5/12/2023.

(9) Nagham Mohammed Attia Al-Bayati: Personal Exposure Guarantee in Title Contracts, Unpublished Master's Thesis, Faculty of Law, Al-Mustansiriyah University, 2006.

Third: English references

(1) J.w Carter, Breach of contract, the law company li.ited, sydney, 1984.

Fourth: Laws

(1( Iraqi Civil Code No. 40 of 1951.

Fifth: Websites

https://www.sistani.org/arabic/qa/02184./(1)

-https://en-m-wikipedia org.translate.goog/wiki/Breach_of_contract?_x_tr_sl=en&_x_tr_tl=ar&_x_tr_hl=ar&_x_tr_pto=tc.