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May 16, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

The problem of proving commercial obligations in Iraqi law A comparative study

Key Points

  • This study aims to explore the distinctive features of commercial versus civil obligations in Iraqi law and how they affect the proof of these obligations.
  • Conducted a comparative analysis of Iraqi law and laws from other Arab and foreign jurisdictions
  • Examined the rules of evidence for commercial and civil obligations under Iraqi law of evidence No 107 of 1979
  • Identified that Iraqi law equalizes civil and commercial evidence rules, leading to legal complications
  • Highlighted ongoing unresolved issues stemming from this equalization in the proof of commercial obligations

Abstract

Considering that Commercial obligations are characterized by some Features which are different from those featuring civil obligations ,therefore ,some special rules have been put forward to prove the commercial obligations ,and these rules of evidence are different from their counterparts specialized in proving civil obligations, and this represent the way on which the laws of evidence in both the Arab and foreign state march whereas, the Iraqi legislator has taken a different direction in the Iraqi law of evidence NO 107 in 1979 and this direction was realized by the equalization between both the civil and commercial types of evidence ,and subjected them to unified legal rules of evidence of ,but this matter of equalization has led to a long –standing problem which has not been yet solved.

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Cite This Study

A 2015 study studied this question.

synapsesocial.com/papers/6a080969a487c87a6a40b42fhttps://doi.org/10.37651/aujlps.2015.132407
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