The Inculcation of Custom In The Lease Contract: A Comparative Study

الملخص

This article will discuss custom from a broad perspective by surveying selected court and tribunal rulings and relevant literature. It analyzes the place and nature of tradition, emphasizing objections to custom's legal applicability. The contract arises from the concurrence of two wills that tend towards creating a specific legal effect on the contracting parties and the contracted party. So it happens in the lease contract for the lessor and the lessee. The lease contract is one of the contracts that the Iraqi legislator has designated and regulated, with a summary of the contract's provisions and forms. The legislator retracted a number of them due to their familiarity and established customs and practices among dealers, which contributed to crystallizing numerous solutions to disputes that may arise during the contract term between the lessor and lessee. It can be accomplished by examining the contract's comparing and regulating legal texts and deducing the role performed by common custom. Then, it reflects positively on the judiciary, resolving protracted issues. Finally, it contributes to the strength of judicial judgments regardless of whether the judge relies on the legal text, custom, or the rules of justice. The primary objective is to arrive at a just verdict and do right.