Legislative Restrictions on Contractual Freedom

Abstract

Abstract :

Contracts are the primary tool for achieving economic development in society, with the will of the parties playing a crucial role in organizing the obligations arising from them. However, the principle of freedom of contract is no longer absolute, as state intervention has increased through legislative measures that impose restrictions on the parties' autonomy. Therefore,understanding the basis of the binding nature of contracts and the impact of these legislative restrictions during the formation and execution stages is essential. This study highlights this issue and recommends that the Iraqi legislator add a legal provision stating that "the text of the law is the basis of the binding nature of the contract," in order to clarify and eliminate any ambiguity surrounding this matter.