MORAL CLAUSES IN CONTRACTS: AN IRAQI LAW PERSPECTIVE

Abstract

Purpose: In this research, I want to address the moral clauses in contracts concluded by employers with talents and celebrities to promote goods and services. I want to define the meaning and use of these clauses in USA, and answer whether they are acceptable in Iraqi law. Theoretical framework: In USA, moral clauses used since the twenties of the last century and adopt widely in its sixties until now, it used in contracts relating provide work or service by a talent or celebrity and contracts of sponsorship. Moral clauses refer to conducts that talent prohibited from doing such as lying, violating laws, or corruption. Breaching of these clauses may result in termination of contract, or oblige talent to pay damages. Method: This research follows a comparative analytical approach between the American and Iraqi laws regarding moral clauses, showing their meaning, importance and effects. Result and conclusion: This research concluded that moral clause valid in Iraqi law, because it not violate public order or morals. Implications of the research: The research provides a ground for talents, celebrities, contractors, and employers to be aware of their rights and duties regarding moral clauses, the way these clauses formulate in contract, and how to deal with breach of it. Originality/value: Moral clauses not previously dealt with in Iraq, so this research paves the way for other researchers to delve into these clauses.