MITIGATING CONTRACTUAL LIABILITY: AN ANALYTICAL STUDY OF ITS PROVISIONS AND MECHANISMS IN IRAQI CIVIL CODE

Abstract

This study examined the mitigation of contractual liability. Specifically, it analyzed the provisions and mechanisms for mitigation in Iraqi Civil Code. Moreover, it addressed the concept of contractual liability and the legal basis upon which it is based. It then reviewed the means by which this liability can be mitigated, whether through contractual agreements or legal texts that permit or limit its scope.

Furthermore, it focused on analyzing the relevant legal provisions and the extent to which it is permissible to agree to mitigate contractual liability, based on the general rules of Iraqi Civil Code. It also examined the restrictions imposed by the legislature to protect the weaker party in the contract and the extent to which mitigation is consistent with general principles.

Significantly, this study concluded that mitigation of contractual liability is a legal mechanism aimed at achieving flexibility in contractual transactions. However, it is also subject to restrictions that prevent total exemption from liability in cases of gross negligence or fraud. Furthermore, the provisions related to exemption vary depending on the nature of the contracts and their parties.