النسبية في القانون المدني

Relativity of Civil Law

It is known that legal provisions do not have the same frequency. Some of them have a wide scope and others are of a narrow scope. The latter provisions are the ones that embody relativism in civil law, relativity is usually limited in scope in personal and objective terms; Because it leads to shortening the judgment on some of its members, persons and objects, or it leads to the enforcement of the judgment in a relative rather than other of the convicted persons, in order to achieve a specific goal, the latter may be achieving stability in financial transactions, protecting the contracting parties, or achieving a legal interest that he deems appropriate. The legislator is more worthy of protection, so that one person does not gain a right at the expense of another, and relativity in civil law is of great importance, especially on the practical level, because it has a major role in resolving the conflict quickly and reducing effort and expenses at the same time, and this is what prompted the legislator, as well as jurisprudence and the judiciary to decide .
Relativity in civil law also has many applications, as we sought this by reviewing the texts of the Iraqi civil law and civil laws, especially those that are the subject of comparison, where we find it sometimes within the scope of contracts, and this of course is from a personal point of view, but in terms of objectivity, this relativity focuses on the commitment to the subject matter of the provision, i.e. with the rights and obligations it entails, and at other times we find it within the scope of rights as is the case in possession defects If the latter is associated with coercion, or has occurred in secret, or if there is ambiguity or ambiguity in it, then it has no effect except towards the person from whom it was concealed or whose matter was confused, … as we find it in the scope of dividing things into valueable and quantitative, for the thing may be Like me or evaluate the will of people.
This, in turn, led to the multiplicity of sources of relativity in civil law, which may be voluntary, legal or judicial. On the basis of this, the problem of the subject of research and study crystallizes in a main form in the absence of a general theory of relativity in civil law, but all there are scattered applications in multiple and different topics, especially In in nature, which a particular collector does not collect, from this there are many types and the basis on which they are based differed, and based on that, it is necessary to overcome this problem by inviting the legislator to the text and explicitly on relativity. Iraq’s civil law by stipulating that the relative provisions contained in this law apply to the persons concerned with them only and within the limits of the subject matter of the text. Thus, the purpose of our effort is embodied in developing a general theory of relativity in the civil law, starting from its concept and ending with its provisions.