Individual will as a means of amending administrative obligations An analytical study for obtaining a promotion degree at Tal Afar University

Abstract

The contract is considered one of the most important sources of obligations in civil law and the most common in daily transactions. It is based on a fundamental principle known as the binding force of the contract، which requires the parties to comply with what they have agreed upon once the contract has been validly concluded. Under this principle، neither party may unilaterally amend or revoke the contract، as it becomes a law governing their relationship. However، this rule is subject to an exception: a judge may modify the contract in the event of unforeseen circumstances affecting the performance of obligations. Likewise، one of the parties may amend the contract by unilateral will based on principles of justice and the achievement of balance.

Unilateral modification takes two forms. The first relates to the obligations and conditions expressly included in the contract، such as stipulation for the benefit of a third party، employment contracts، bank credits، and easement rights. The second consists of adding an exceptional matter not regulated by the contract. The Iraqi legislator has addressed this situation in regulating contracts of agency and loan for use، as well as certain real rights derived from ownership.

The study raises the question of the extent to which a contract may be modified by unilateral will in the absence of a general provision permitting such modification under Iraqi law، and whether principles of justice may serve as a legal basis for it. Adopting a descriptive-analytical approach، the research distinguishes between an independent unilateral act unrelated to a contract and a unilateral act occurring within an existing contractual relationship for the purpose of modification، which constitutes the focus of the study. The primary aim of such modification is to restore balance between contracting parties and ensure the proper functioning and preservation of the contract.