Provisions of engagement in Iraqi legislation An analytical study

Abstract

The mentioned text of the Personal Status Law confirmed that offering for one’s hand is not considered as a contract. The engagement process according to the discussions, and according to the all opinions, is a non-committed promise, but its convenience imposes in fact some subjectivity and formalism conditions to be accomplished. Stalking to the marriage is imposed by the importance of the marriage contract or marriage relation which is considered as an important relation that has direct relation to the private interest for both sides and public interest as well.

       The nature of engagement with this formula grants both its sides for the possibility of continuing in the relation and finish it with marriage, meanwhile the nature of this relation grants both its sides with legal possibility, given each one of them the ability to dismantle the relation without the disagreement of the other side.

       All the discussions ensure us that the subject of engagement and its importance imposes that research studies should be multiplied in the treatment of its rules, the problems that are accompanied are multiple and increasing from time to time, that impose the lawmaker to intervene to search for the detail in treating all its sides, and the engagement as we mentioned previously considered as the base that may founded on the durability or the frailty.