Terminate the contract in civil law

Abstract

First: - Conclusions: 1 - can be defined as a termination penalty resulting from the failure of one of the contractors assigned to the implementation of the commitment in the contract resulting in the end of the Association Nodal and loss retroactively 2 - The need to verify the conditions set by the law to the applicant for annulment of a ruling from the court to end the Association of Nodal and these conditions is the need to be a contract binding contract to both sides and the debtor fails to fulfill his commitment with the need to ready to fulfill his commitment demanded annulment of the marriage. 3 - If we compare the annulment and cancellation of individual willpower, considering that each case of the dissolution of the contract in civil law, we can see that the cancellation of individual willpower makes the case where the law of one Contracting Party, or both have the right to terminate the Association of Nodal and the dissipation of the contract and the most important of these contracts is the agency and depository without having a retroactive effect for the past and this provision is similar to the third type only types of termination, a termination rule of law Alanevsak But the unilateral cancellation may not always be caused by the implementation of the breach of obligation as in the case of annulment 4 - It is different from the termination of invalidity in that the latter is a recipe for a decade, if it was true or corrupt, or was a contract for the necessary either standing or breaks any actor is a recipe title resolution calling for the avoidance of the contract as a result achieve the above-mentioned conditions Second: - Recommendations: 1 - showed Article (177) of the Civil Code that in ethnic binding contract for both sides in the event of failure of one of the contractors from carrying out its obligation to the Contractor shall be entitled after giving the other excuses to request termination of the contract with compensation, if any, appropriate, and in fact, that the above rule did not provide explicitly states that the creditor is a choice between seek an annulment Aotalb implementation, as this not happening for him to judge in the courts and commentators Matnolh civil law with regard to sanction annulment. Therefore suggested that the article explicitly states that the creditor is a choice between a request or request termination of the contract implementation. 2 - required the legislature to annul the marriage demanded that excuses the debtor in order to meet legal and termination conditions enable the Court to issue a rule of avoidance, but the legislature did not specify a ceiling for the time limit can be granted to the debtor, he left it to the absolute discretion of the judge, therefore, suggested that the set upper limit for the law of that period, and makes no exception for the situation where the debt proves the existence of a real excuse as a reason for the delay on the implementation of the commitment 3 - varied opinions of scholars and attitudes about the legal basis for the annulment of the marriage, and my view that the legal basis of the annulment of the marriage contract is Almswwlip considering that the recent rise to obligations on the parties to the contract, therefore, the failure of one party to the contract to fulfill his commitment in the contract binding the two sides gives the other party the right to request termination of the contract.