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Author: Dr. Hiwa Ibrahim qadr
Abstract: This research aims to clarify the legal adaptation of the non – common error between the contractors in light of the provisions of Iraqi civil law and comparative legislation, based on the comparative analytical approach to solve the problem of the Iraqi legislator’s vision and the comparative legislation of the case of non – common error from the perspective of the contractor who was wrong, without regard to silent of other contractor, who knew the contractor was wrong and did not alert him to it, one of the most important conclusions of the research is that the silence of the contractor in this case is considered as a fraud in the light of the provisions of the comparative legislation, because the law contractor would not have signed the contract if it had known that it was fundamental error, and that the legal adaption of the non-common error between the contractors – subject matter of the research – was to be regarded as a unilateral error of one of the contractors and a fraud by silence by the other contractor. One of the recommendations of the research is the need for a legislative amendment to avoid duplication in the defects of will in the case of a non-common error in which one of the contractors is silent about the error in which the other contractor falls, by taking this situation – the subject of the research –as a fraud and not a error. In this regard, we submitted proposals to amend the relevant legal texts in Iraqi law and comparative legislation.
Key words: disadvantages of will, error, deceit, fraud, silence, secrecy.
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doi:10.23918/ilic2018.11
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Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(1): Special Issue