Abstract

The aim of the study is to identify the issue of undertaking on behalf of others, which is a rare occurrence in the field of work, but may be expected to occur. One of the general rules governing a contract is the relative rule of the effects of the contract, such that we do not dispose of the effects of this contract except to its parties and any other contract where there is no obligation on a third party who is not a party to the contract, noting that the contract can generate rights for others if it is not. A party to the contract, as is the case in the case of a stipulation for the benefit of a third party. However, in the case of a pledge on behalf of a third party, this third party does not have a right or bear any obligation under the contract, as the will of the pledger, as a result of his commitment, is less than that of the person pledged on his behalf. Accordingly, a pledge on behalf of a third party is issued by one person towards another to make a third person accept to do an act or not to do an act for the purpose of facilitating the conclusion of a contract or carrying out a transaction to which one of the parties cannot give his consent due to the presence, for example, of a palace or quarantine, as a pledge on behalf of a third party is considered one of the exceptional cases. In force at the present time. This study also discussed the issue of undertaking on behalf of others in Iraqi law and comparing it with other Arab laws.