The role of individual will to terminate the contract

Khudair Allawi, Imad

doi:10.37651/aujlps.2011.15753

	The role of individual will to terminate the contract
Journal of Anbar University for Law and Political Sciences
Article 7, Volume 2, Issue 1, 2011, Pages 194-236 PDF (326.53 K)
DOI: 10.37651/aujlps.2011.15753
Author
Imad Khudair Allawi
Abstract
Provided for civil legislation on that (the agreements which are held on the face of legitimate functions as a law for the edges) and the implication of this rule that what is agreed Akdan or more precisely, as fall within the scope of the contract - be binding upon them as if it were provided for by law, an exception to that Lai of the parties, or both, to terminate the contract upon the agreement or provision of the law, but most of the civil legislation was not exposed to the definition of termination will the individual, as is the case in most of the issues, but left the definition of doctrine as is the one who radicalized the legal rules, given the definition of termination in the literature we find him several definitions, most of which Atkhalo of cash, which invited us to propose defined by (legal act proves text or agreement entitles to one of two contracting parties, or both, or is to end the contract individually for the future only) based on five key elements can be summarized as follows A - termination legal act is the will of individual. B - the termination is based on legal grounds or convention. c - authorizes the termination of one or both of the two contracting parties or to others. d - independence, to end the contract individually. This is the fourth element which distinguishes termination for termination of other types (come out so annulment judicial signed by the judiciary and the Convention actually Baradtan and legal, which has nothing to do with the will of the contractor in rhythm) and on impeachment, which are by Aradtan. e - is limited to its impact for the future only. and requires jurisprudence for the health of termination three conditions must be provided is ((1 - absence of retroactivity to terminate the contract 2 - The other party of termination 3 - Do not abuse the right of termination)), but we have noted through the study of the definitions of the doctrine of an end to that Fourth, there is a condition had not been his doctrine is not to need approval to the other party, and this condition is necessary because it distinguishes the termination of rescission requires the approval of the Convention, which the other party. If these conditions are met is to end the applications are either due to the nature of the contract and make it unnecessary for one of two contracting parties, or both, a lot of study, including two (agency contract and the contract loan), for example, Attabq provisions terminating the will of individual and either a combination of the contract the option of a two contracting parties, or both are also other many But we will not be exposed in our present only the options that were the subject of attention and the organization of the legislature in some civil legislation (choice condition, the option of vision, the choice of appointment, the option to defect) and we conclude from our search to the following: - 1 - known as fiqh French cancellation the will of individual as a reason independent of the reasons for the dissolution of the contract is dissolved by the nodes in Almsqubl the will of one, while known Jurisprudence Arab under the term termination of the will of individual for the same reason. 2 - mixing a lot of jurisprudence and legislation position the organization for the option of the defect between the terms of the defect on the one hand and the conditions proved Khiaralaab On the other hand, The conditions to be met by the defect is caused to the eye, to: - (1) to be influential in the value held by (2) to be out of date (3) to be hidden. The conditions proved Khiaralaab they include, to: - (1) required in the meeting have to be a very specific kind (2) that the defect is not known to the contractor's option (3) and not the other Contracting has stipulated that the patent of it 3 - systems, the legislature in some Arab civil legislation options that marred by unnecessary nodes accurately and detailed as is the case (civil law of Jordan, the Civil Transactions Act UAE, the Civil Transactions Act of Sudan) The Iraqi legislature has dealt with within subjects sporadic Fajaar condition and the option of vision and the option of the defect within the provisions of the contract of sale, either the option of appointment Faljh within the descriptions amended the effects of commitment / multiple object of an obligation / commitment Altejeara. ) - So the last call for the organization of these options within the civil law as expounded by the way some Arab civil legislation.

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