The Third-party Intervention in Determining Price A comparative study

Abstract

The absence of legislative regulation in Iraq regarding the issue of third-party interference in determining the price, and the many legal problems raised by this interference, the dispute over the legal jurisprudence in so far its rules is concerned, and the differences in the court's approaches as well motivates us to do this research. The research is done to determine the legal rule so as to set peace among the contact parties. And the study shows that the third party involved in determining the price is any person to whom the effect of the contract is not directed, and his job is considered as a combination of agency and contracting if he receives a payment. However, if it is unpaid, it is subject to the general theory of the contract, because it cannot be compatible with any contract. It also states that the contract associated with this permission is considered a suspended contract on a probable suspended condition, in which the third party determines the price, and whose decision obliges the parties and the court unless he exceeds its proposed authority permitted by the contract or commits a serious error. And the study sums up that the French legislator has explicitly stipulated the possibility of third party intervention in determining the price, while the general rules in Iraqi and Egyptian legislations are relied upon to find the legal basis for its intervention. The study attempts to delve into all the jurisprudential and judicial disputes regarding the spects in the subject of the study to recommend to the legislator by adding legislative texts that provide direct solutions to the problematic area.The study recommends jurisprudence and the judiciary to adopt solutions that would be compatible with available and proposed legislative texts.