Abstract

The Legal system of the voluntary contact and its execution in Iraqi Red Crescent Association. The voluntary work is regarded as ancient universal phenomenon which represents automatic human conduct towards the charity act and offers help to others.

So, it corporates the religion and ethical characteristics , which express the human feelings originated in human’s spirit. It refers to the activities that have a wider scope in all social aspects and affects on the social classes and sections. This explain the care and support of societies and nations for the sake of it and they always seek to transport it from the individual and personal initiative to the regular organized work in order not to be still mere limited active to response to the conditions and situations which causes its appearance take a great role whenever calamity accurse or an unusual act which happened. We notice that it works to consider it as a means of social contribution and way to achieve the large scale development and improve the social solidarity between the individuals in society and to set up the human value in the spirits of citizens. For this reason, Foundations and organizations which aim to polarize the volunteers Their work is to be regulate the volunteer’s contribution in order to increase the effectiveness of it and make systematic for achieving these aims The certain program that seeks the needs of society and specifies the roles of volunteers. According to the capacities and qualifications to meet with personal wills. However, there is human relationships exists in two sides, side of them represents the volunteer who achieves the volunteers task, and other the regulated aspects for the volunteering work which give the volunteer that task. This relationship a real legal build and resulted from a contract between which called for this the two sides mentioned above the contract of the volunteer which appears only on the volunteer’s work ( regulate ) and as a result on of its parties who the regulator of the work be always an artificial person weather as a person of politic and private law.

This artificial person has the ability and the capacity to the continuity which made of it able to transfer the volunteer work from active work in individual to the case of the social active. The second part in the contract is the volunteered, who is always a natural person, because the requirement of the volunteer’s work which exercise personally and quoted as strain will of volunteered which created from this will and chosen, for this, we can define the volunteer contract as Agreement between natural and artificial persons regulate the volunteer work. The first part obligated to perform the volunteer work without recompense for the sake of the politic interests, with other words the volunteer contract has been considered as the one created from freedom will to achieve the obligation which not reliable the Financial Responsibility between the two parts. This contract has some characteristic which distinguish from other contracts such as nominate contract which regulated by the civil code.

Personal relationship existing between the volunteer whether by reason of performance of the volunteer work or by other obligations which will be a secret arising from this work. The other part intends to create legal duty such as to enable the volunteer to perform his work and to provide the means of maintenance. It should be noticed that it is a fundamental principle of the Iraqi law of contract that when there are reciprocal obligations and one of the parts has performed his part and the other part has failed to perform his part. The contract may be set aside without prejudice to any claim. When there is an express clause providing for rescission, it operates only in favor of the part willing to perform.