The Impact of Philosophical Doctrines and Legal Systems on Private Law Relations (The Civil Code as a Model)

The private law relations do not arise in isolation from philosophical doctrines and legal systems. Since these doctrines and systems differ among themselves in their view of the individual and his freedom, and in the role of the State in directing these relations, this disparity has resulted in a problem, namely that private law relations no longer remain based absolutely on the principle of autonomy of will and individual freedom, but rather have become influenced by several considerations. Hence, the importance of the research appears in the necessity of linking the legal structure of these relations with the view of philosophical doctrines and legal systems toward them, and particularly in examining the extent of harmony or overlap between the doctrines and systems that contributed to the formation of the Iraqi Civil Code and the drawing of its features. It has become clear to us that the Iraqi Civil Code embodies a reconciliatory legislative model in its being influenced by several philosophical doctrines, although to varying degrees, as well as in its non-commitment to following a specific legal system. It is no secret what advantages and disadvantages result from this approach. Accordingly, we recommend that the Iraqi civil legislator exclude the ideas and principles that are not compatible with the constitutional and political transformation that Iraq has witnessed since 2005.

Keywords: Autonomy of will, State intervention, Public interest, Private interest, Individual freedom