Introduction<br />Commercial contracts are considered one of the fundamental pillars of economic life, as they regulate relationships between traders and companies and provide the legal framework governing the exchange of goods and services. Commercial law has given these contracts specific provisions that distinguish them from civil contracts, due to the nature of commercial transactions, which are characterized by speed and flexibility. In this article, we review the types of commercial contracts, their legal provisions, and the mechanisms for resolving related disputes.<br /><br />First: Definition of a Commercial Contract<br />A commercial contract is:<br /><br />“A legal agreement between two or more parties aimed at establishing mutual obligations related to a commercial activity.”<br /><br />A contract is considered commercial if its subject is related to commercial activities or if it is concluded between traders in the context of their commercial operations.<br /><br />Second: Common Types of Commercial Contracts<br />Commercial Sale Contract<br />One of the most widespread contracts, used to transfer ownership of goods or products from the seller to the buyer in exchange for a cash price.<br />It is characterized by fast execution and the ability to be proven through modern means such as electronic invoices.<br /><br />Transport Contract<br />Involves transporting people or goods for a fee, including land, sea, and air transportation.<br />The carrier is obligated to ensure the safety of the cargo and deliver it on time and to the agreed location.<br /><br />Commercial Agency Contract<br />In this contract, a person (the principal) authorizes another (the agent) to carry out a commercial task on their behalf. It can be exclusive or general.<br />Frequently used to represent foreign companies or distribute products.<br /><br />Commercial Distribution Contract<br />Relates to the distribution of products within markets, often involving exclusive obligations and geographical restrictions.<br />Used between manufacturers and local distributors.<br /><br />Franchise Agreement<br />The franchisor grants the franchisee the right to use its trademark and commercial system in exchange for certain fees.<br />Commonly seen in the food and retail sectors.<br /><br />Third: Legal Provisions of Commercial Contracts<br />Formality:<br />Most commercial contracts do not require specific formalities unless the law states otherwise, but documenting them in writing is recommended to safeguard rights.<br /><br />Evidence:<br />Commercial contracts can be proven through all means, including email, fax, invoices, and even text messages.<br /><br />Statute of Limitations:<br />Claims arising from commercial contracts are often subject to shorter limitation periods than civil ones, such as expiring after five years.<br /><br />Speed of Execution:<br />Due to the dynamic nature of trade, commercial contracts emphasize rapid and flexible implementation.<br /><br />Fourth: Mechanisms for Resolving Commercial Disputes<br />Commercial Arbitration<br />One of the leading means of resolving commercial disputes, where both parties agree to refer the dispute to arbitrators instead of courts.<br />It is characterized by confidentiality, speed, and the specialization of arbitrators.<br /><br />Mediation and Conciliation<br />The parties turn to a neutral third party who helps them reach an amicable solution to the dispute.<br />This method is encouraged by judicial systems to reduce the burden on courts.<br /><br />Commercial Courts<br />These courts specialize in hearing commercial disputes and are known for their expertise in economic matters.<br />Some countries have established independent commercial courts for this purpose.<br /><br />Fifth: Practical Challenges in Commercial Contracts<br />Lack of legal awareness among some traders, especially small businesses.<br /><br />Difficulty in enforcing international contracts in some countries due to legal system differences.<br /><br />Underuse of alternative dispute resolution methods despite their effectiveness.<br />Conclusion<br />Organizing commercial contracts in a legally sound manner enhances trust between parties and contributes to the stability of economic transactions. Every trader or company should understand the importance of adhering to commercial law provisions—not only to avoid disputes but also to build long-term business relationships based on trust and transparency. It is also advisable to seek legal expertise when drafting contracts or resolving disputes to ensure the protection of rights and interests.<br /><br /><br />"AL_mustaqbal University is the first university in Iraq"<br/><br/><a href=https://uomus.edu.iq/Default.aspx target=_blank>al-mustaqbal University Website</a>