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PERMISSION THE INVALID DONATION | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 7, Issue 1, 2015, Pages 235-258 | ||
| Author | ||
| WASAN KASIM ALKHAFAGY | ||
| Abstract | ||
| the contract is the most important sources of obligations, and because it is a means first and the basis of trading and transmission of wealth, What is this decade , but confluence resulting effects recognized by law , If such a meeting does not need to be finalized to a certain formula , the contract was consensual , and this is the basis of contracts. The principle of consensual contract, meaning that the latter is held by Aradtah , but Aictml meaning of this principle unless it has been interpreted enough that compatibility of the contract , and that this is enough is what made the basis of principle does not require special situations for this session , Valredaúah , then , is the adequacy of the will to set up act. However, the provisions of the law are determined by the extent of the adequacy of the will to consider disposition consensual or he needs to pro forma certain Vmdy requirement formalism in contracts formalism or the necessity of delivery contracts in kind, is a legal obligation determined by the legislature sense of it that it is one of the requirements of the contract . Since the contract donation is a contract formality , and expressly texts of legislation , the omission of a formal contract this which inherited the invalidity of the contract at all, and therefore may not be corrected unless commissioned again, either vacationing , accidentally or another , he is making to Atqrh general rules, contrary to Maastqrt upon the principles of Legal , however, has allowed some of this legislation leave a donation if void in terms of shape defined by the law , although he did not replace an agreement between such legislation , in addition to being replaced diligence jurisprudential and legal and widely, because of being considered a departure from the rules invalidity of public contracts. Here it is, specifically, was selected to the subject of our research , which includes a clear picture of what is contained in a formal donation contract and vacation when nullity form , whether that these lead to the correct leave the contract, or is it to renew him ? The views of scholars in this regard , in addition to judicial decisions. | ||
| Keywords | ||
| To hide the one; that the contract is the most important sources of obligations; and because it is the first means and the foundation in the trading and transmission of wealth; and What is this decade; but the confluence of two wills resulting effects recognized by the law; if this meeting does not need to be finalized to a certain formula; the contract is consensual; and this is the basis of contracts | ||
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