Role of the judge to complete the scope of the contract in accordance with Article (86) Iraqi civilian

Hussein Abd Al-Melhem Halbusi, Saad

doi:10.37651/aujlps.2010.15714

	Role of the judge to complete the scope of the contract in accordance with Article (86) Iraqi civilian
Journal of Anbar University for Law and Political Sciences
Article 1, Volume 1, Issue 1, 2010, Pages 190-223 PDF (412.02 K)
DOI: 10.37651/aujlps.2010.15714
Author
Saad Hussein Abd al-Melhem Halbusi
Abstract
Judiciary plays a positive role to a large degree of interest in the contract and in maintaining of nullity and in facilitating its implementation in order to achieve the purpose for which the basis of the contract was made. Has been demonstrated this role by giving the judge a number of authorities: including his authority to reduce the obligations of the contractor aggrieved in netting contracts (1) and deduct the part that like nullity of the contract to maintain the remaining part of the contract the right (the theory of derogation contract) (2) and the transfer of the contract falsehood to contract where there are the pillars of this last decade shows that the intention of the parties was Stnasrv to the conclusion of this contract (3), and reduce the obligation onerous to the extent possible if there were some incidents of extraordinary public were not anticipated when the contract has made the implementation of a contractor of its obligations tired so threatened by massive loss (4). Reflected the positive role of the judge is widely and important assistance in the conclusion of the contract through the organization of some of the issues Akdan silent about its organization. This is what will be the subject of study in this research

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