The Constitutionality of Applying the Theory of Emergency Circumstances During Crises

The constitution serves as the highest legal authority governing the powers of the state, establishing the rules and regulations that all branches of government must adhere to. However, there are instances where the constitution does not provide explicit guidance on certain matters, leaving them to be regulated by ordinary state legislation. In such cases, the constitutionality of these matters becomes questionable. One specific example pertains to emergency circumstances that impact the rights and obligations of parties involved in a contract. Civil laws contain provisions that address such scenarios. We have reviewed the constitutionality of applying the theory of emergency circumstances during times of crisis and have concluded that it constitutes an exception to the principle of freedom of contract and deviates from the standard contractual rule. Moreover, we have examined the definition of the theory of emergency circumstances and the conditions for its application. It has been established that these circumstances must significantly exhaust the party responsible for fulfilling their contractual obligations to the extent that their performance is affected. Only then can the provisions of the theory be invoked to modify the contract and alleviate the burden on the fatigued party. Additionally, we have evaluated how the theory of emergency circumstances is regulated under Iraqi law. Our findings reveal that the Iraqi constitution does not specifically address the application of this theory during times of crisis; instead, it defers this matter to ordinary laws.