The Extent of Compatibility of European union conventions with the Iraqi Law Relating to International contractual obligations

Presentation Doctoral thesis in private law

Abstract

Today, the contractual obligations have been the foreground in the international trade; it is considered the centerpiece of such trade. Making the European Union, internationally, conclude international conventions on the level of the EU countries. For solving disputes which might face all the international contractual conventions in respect to determining the law that must be applied to those obligations. Thus, these European efforts solved these problems and gave logical solutions throughout enabling contractors to choose the law that has to be applied and which organizes the contractual obligations between them.  In addition, setting out the law that must be applied to specific kinds of international contractual obligations. This can help to achieve the goals of the EU countries concerning the development and encourage-ment of the cross-border trade and remove all barriers that may arise among the Union countries especially in appointing the applicable law to the international contractual obligations. As it takes in consideration the basis of the trading transactions presented by the EU and exert international European efforts to unify the international provisions related to the international contractual obligations. The features of the international contractual obligations emerged in the form of European international conventions following the cancellation of the Rome Convention 1980 after the last failed to keep up and organize most of the international contractual obligations. Thus many European conventions have been concluded concerning the appointment of applicable law to the international contractual obligations, among which the Rome Convention 2009 which came with wide legal provisions and obligations. It also organized the issues of appointing the applicable law in addition to the failure of the Rome Convention 1980 in using its wide range, its focus on the contradictory approach exclusively, and its silence on direct physical rules. The development of the contractual obligations in light of the growth and development of world trade led to the appeara-nce of new international contractual obligations prompting the EU countries to find Pre-contractual solutions to all international disputes that may possibly appear and impede the movement of goods and services exchange. Accordingly, we are encouraged to study this topic in respect to choosing the contractors of the applicable law of the contractual obligations and the extent of the impact of the EU attribution rules on some kinds of international contractual obligations. As a result of that we can clearly note the compatibility of the Iraqi legislations with the European conventions concerning the appointment of the applicable law and the similar points with that of Iraq.