Penalty for the Contractor's Failure in the Previous Phase to Implement the Contract

One of the established principles in Iraqi civil law is to preserve the contract and not to breach the implementation of the obligations arising from it by one of the contracting parties. The breach prior to the implementation of the contract occurs when it is concluded that one of the contracting parties (the debtor), whether the seller or the buyer, will commit a fundamental violation of the contract before the date of implementation of the date specified in the contract. This breach may be explicit, whether in word or deed, or implicit, and it is concluded that the debtor will breach his contractual obligation. At the same time, legislation has intervened in addressing the breach prior to the implementation of the contract, by imposing original and supplementary penalties to address the breach that would compromise the implementation of the contractual obligation.