The Conditions for the Occurrence of Partial Nullity of Contracts under Iraqi and Iranian Law

Articles in Press

Document Type : Research Paper

Authors

1 PhD student in private law, University of Tabriz

2 Professor, Department of Law, University of Tabriz

3 Assistant Professor, Department of Law, University of Tabriz

10.22034/law.2026.69019.3537

Abstract

Partial invalidity of contracts, as a pivotal institution in contract law, seeks to maximize the preservation of the legal effects of agreements and prevent their complete nullification, particularly in legal systems rooted in Islamic jurisprudence. This study conducts a comparative analysis of the conditions for implementing partial invalidity of contracts in the legal systems of Iran and Iraq, elucidating its concept and examining the factors influencing the separation of defective from valid contract components. The research identifies two fundamental conditions for partial invalidity: first, the contract must be divisible in both material and legal terms; second, the invalid part must not be essential to the parties’ intentions. Drawing on legal sources, statutes of both countries, and doctrinal opinions, the study demonstrates that while both legal systems generally favor contract rectification and preservation of valid parts, differences exist in determining the role of parties’ intentions and the application of partial invalidity. Ultimately, the authors propose that explicit and systematic recognition of partial invalidity in legal frameworks is essential to enhance legal certainty and promote the stability of transactions.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 25 February 2026

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