The Moral Subject Matter in Iraqi Law

Abstract

The moral subject matter (object) constitutes a fundamental element in contracts and obligations, contributing to the analysis of the objectives and purposes that govern the formation and execution of contracts. Since contracts are not merely legal documents but also expressions of agreements concerning the rights and obligations of individuals, considering the moral subject matter aids in understanding the broader context of the contract and the motivations behind the parties’ commitments. Furthermore, it influences the nature of the contract and the obligations of the parties, particularly in assessing the validity, interpretation, and execution of the contract based on legal principles and customary values from which it originates. The moral subject matter is regarded as one of the legal concepts referring to the non-material element agreed upon by the parties in contracts and obligations.  It differs from the material subject matter, which pertains to a tangible or physical object. In contrast, the moral subject matter encompasses intangible rights or obligations related to intent, values, or behaviors that the parties commit to upholding.