أثرُ تغيير الظروفِ على عقودِ التجارةِ الدوليةِ دراسة تأصيلية مقارنة

Abstract

A contract that is formed in accordance with the provisions of the laws, is inter-force between its parties (Pacta Sunt Servanda). However, such principle is not absolute, as unforeseen changes in circumstances constitute one of the main constraints or problems that parties may face in international trade.  The research focuses on studying the change of circumstances during the implementation phase of the contract (at the domestic and international levels), specifically the issue of onerousness (hardship) and the state of impossibility (force majeure). This is done by using the analytical method and trying to rooting both concepts. The research explores their historical background and their presence in different national legal systems, such as England, France, and Iraq. The research continues to study the international legal texts are the UNIDROIT principles, the principles of European contract law (PECL), the Vienna Convention for International Sale (CISG), as well as the provisions of the International Chamber of Commerce (ICC). It is hoped that the awareness of the different trends and approaches in comparative law will be beneficial to the Iraqi dealer in this field, especially with regard to international trade contracts.