A master’s thesis in the College of Law discusses the cancellation of the lease contract with an emergency excuse. With the blessing of God Almighty, the College of Law discussed on Thursday, 10/24/2024, a master’s thesis in private law tagged ((Canceling the lease contract with an emergency excuse - a comparative study)) and submitted by master’s student Abdul Razzaq Salah Qasim. Termination of the lease contract with an excuse is one of the familiar principles at the level of Islamic jurisprudence, which aims to reduce the harm to which the contractor is exposed. Because of the emergency excuse. The problem raised by this issue lies in the fact that the idea of emergency excuses is contradicted by three principles. The first is the principle of justice, which calls for taking into account the circumstances and conditions of the contracting parties, while the second principle aims to respect the binding force of the contract. As for the third principle, it stipulates that it is not permissible to abuse the right, since permitting annulment without restriction or condition makes the binding force of the contract an illusory specter that does not exist, and the judge enters into a shoreless ocean of disputes, as the force Binding to the contract, stipulates that the contract may not be annulled or amended except by virtue of a text or agreement, and one of the texts that formed an exception to the binding force of the contract is the text of Article (792), which embodies the principle of canceling the lease contract with an excuse, as it came in absolute terms, which expanded the scope of this exception and constituted a violation of the binding force of the contract, which cast a shadow on the principle of stability of dealing and the principle of good faith in implementing contractual obligations, and adherence to binding force A contract with excuses comes under the heading of abuse of the right, so terminating the lease contract with an excuse requires a balance between these principles. The letter concluded with the conclusion that the Iraqi legislator has balanced the interests of the contracting parties in accordance with the requirements of justice, and allowed the exhausted contractor to terminate the lease before the expiry of its term, and at the same time, obligated him to alert the other contractor, as a guarantee that he will not be surprised by the termination of the contract that may be his source of livelihood, livelihood, and shelter. In addition, the importance of warning lies in allowing the contractor to benefit from the notice period to search for another residence, as it did not The Iraqi legislator is satisfied with the warning, but in addition to that, the legislator obligated the contracting party requesting annulment to compensate the other contractor with a fair compensation that takes into account the circumstances. The discussion committee consisted of: Prof. Dr. Ziad Tariq Jassim, Chairman, Prof. Wasan Kazem Zarzour, Member, Prof. Dr. Abdul Rahman Saleh Latif, Member, Prof. Dr. Dara Hammad Abd, Member and Supervisor, and after an extensive study of the thesis and the discussion committee hearing the student’s defenses of his thesis. The committee decided to accept the thesis and grant the student a master’s degree. Many congratulations to the student for this effort he made, and may he obtain his doctorate, God willing. Media Division/College of Law
