الدكتور عمار كريم كاظم الفتلاوي

Contractual solidarity is a familiar title and traditionally seems to be a stable and stable system. Still, the meditator finds that it raises critical legal problems, whether it is the harmonization between it and the general rules of the contract or the obligation to cooperate information and security, as a point of balance between the conflicting interests of contractors. It leads to the emergence of personal rights that guarantee the legal protection of the contract, which allows the legislator and the judge to intervene to ensure the effectiveness of its judgments? How can each party to the contractual relationship satisfy the legitimate expectations of the other party without harming the other party? Which means that everyone owes the other and owes society under the idea of solidarity? The analytical study of this subject in this research is a serious attempt to answer these questions. The parties' selfish interests before the contract's conclusion cease and disappear upon the execution of the agreement, through the dependence of the parties on each other for their common interests, the so-called contractual solidarity. The idea of solidarity is not the result of the moment. Still, its emergence has extended to varying periods, and on this basis, this research will be divided into two topics that address the concept of contractual solidarity. In the second, we will explain how solidarity and contract are compatible.

The social, economic, and legal sciences system is an integrated system that requires knowing the nature and limits of the relationship between law and economy and whether this relationship is earthy or an equivalent relationship. We note that the research idea should provide a legal reading of the theory of economic analysis from a legal perspective since the basis of the convergence between economic law is the idea of benefits generally framed by the view of the contract. Comparing the corporate contract provisions in Iraqi and other legal systems will help us build this institution in Iraqi corporate law and avoid any disputes and disagreements between its members and third parties on the content of a corporate contract. This article proposes that Iraq should explore resolving the issue by implementing some rights inalienability limits in copyright law already present in several other jurisdictions abroad. It explores the rationales for implementing such rules in Iraq civil law, including uneven negotiating power, prediction, fairness, and valuable methods. These studies illustrate the capacity of various alienability measures to raise author compensation in the face of assertions that such limits are useless

Legal principles play a critical role in the contract's economic balance and the financial cost's stability by respecting the contractors' well as the basis of the contract's binding force, which is essential for the economic balance of the agreement and strength of the economic cost. Nonetheless, this will stand in the way of the involvement of the legislator and the judiciary in the economic imbalance of the contract, which would otherwise interfere in favor of the weak party under the principles of fairness required by the warranty. Moreover, if the economic equilibrium is out of balance, it affects whether or not the contract is carried out. Therefore, the attainment of justice demands compliance with economic balance and compliance with the contractual legal balance under this principle

The subject of curative protection to the satisfaction of the weak party in contractual relations is one of the issues that have taken on the opinion of legal jurisprudence, it had to be addressed by research and study, especially in the current situation because of this prominent issue in the relations of people in the field of concluding contracts, despite the importance of this The topic, however, we find that he did not receive a share of the legislative organization commensurate with that importance, because the legislator did not put clear or direct texts through which the weak party’s satisfaction could be protected, but rather different theories scattered in various laws that did not reach the level of familiarity with this issue in all its aspects. Therefore, it is necessary to search for solutions through which we can protect the consent of the weak party ... all that and more that we covered in this study by following both the inductive approach and the comparative approach and the analytical approach, where we extrapolated the most important jurisprudence opinions that were said in this regard, as well as the analysis of legal texts and that Within the scope of Iraqi law and French law, and then we extrapolated the most important doctrinal opinions to the most important results and proposals we have reached to protect the consent of the weak party in contractual relations. The study reached a set of results, among which the researcher reached a set of results, including the creation of the French legislator a new defect in his legislation, which the judiciary had the largest role in alerting to the existence of this defect, its purpose is to protect the consent of the weak party in economic relations, by setting the dependency criterion as the origin of the contractor the weak victim of this kind of coercion. Secondly, the grace period despite thinking is a modern idea, but the French legislator clarified the mechanisms that contractors can follow in their contractual relations and impose a penalty in the event that the weak contracting professional is deprived of it, as it is a right granted to the weak party according to clear and explicit legislative texts. The researcher reached a set of recommendations, among which we recommend the legislator to introduce the defect of economic coercion to address cases of imbalance in the contractual balance that he seeks to achieve in all contractual relationships. We suggest that the Iraqi legislator stipulates the deadline for thinking about its legislation, because the protection that is granted to the weak party is only subsequent protection, at a time when the weak party needs legal protection prior to concluding the contract

The past few decades have witnessed the introduction of legislative reforms in many countries around the world as law reform has become an end in itself to keep pace with economic, social and political development and legal transplantation is one of the means that has been used to achieve this as it has been used throughout history in legislative reform, Which necessitates exposure to the concept of legal cultivation as one of the issues that occupied its place is important in Western studies, while there is no Arab study in this regard to define it on the one hand and indicate the role it plays in the process of legislative reform on the other hand, and the financing is Salami, one of the industries that have spread globally after the global financial crisis in 2008, prompting many policymakers around the world to receive him through amendments to the legislation for the demonstrated efficiency in the face of financial crises, we have chosen as an experiment to prove the validity of the theories of legal transplantation. Among the countries that were planted by France, as the political will expressed its desire to include Islamic finance in its banking system and to ensure its reception on its lands, it made many legislative and tax amendments to contain this moral financing. As for Iraq, the experience of Islamic banks was on a small scale and expansion and expansion was only available. After 2003, where many obstacles are beset, which requires us to find and find appropriate solutions to develop Islamic finance in Iraq compared to Arab and Western countries.

ن هذا البحث محاولة لعرض ومناقشة فكرة الإكراه الاقتصادي ولتحليل موقف الفقه والقضاء والتشريعات في فرنسا منها وتأتي أهمية الموضوع من حداثته كون المشرع الفرنسي أخذ بفكرة الإكراه الاقتصادي لأول مرة في القانون المدني في التعديل الأخير لقانون العقود الفرنسي لسنة 2016 تماشيا مع أتجاه محكمة النقض الفرنسية.

صدر كتابنا المسؤولية المدنية عن تقنية الذكاء الاصطناعي المعقد. دراسة مقارنة عن دار النشر دروب المعرفة في جمهورية مصر العربية

الاحد 21/02/2021