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Option to slow down A comparative study of Islamic jurisprudence) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 30, Volume 15, Issue: 1 part 1, March 2025, Pages 845-873 PDF (901 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.155471.1406 | ||
| Authors | ||
| Aseel Hadi Jasim Al-Shaibani* ; Noor shamran odhaib al-draisaw | ||
| Kut University College//Law Department | ||
| Abstract | ||
| As it is known that the contract is based on many legal principles, including (satisfaction and freedom of contract). Since this is the case, it is accepted in the general rules that every person is able to conclude a contract at any time he wishes unless there is a legal impediment that prevents the possibility of immediate conclusion of the contract. The reason for this is the prohibition of immediate contracting, which conflicts with the idea of the principle of freedom of contracting. However, this concept cannot be accepted in cases of simple contracts, and therefore they do not need a period of (contemplation and thinking). However, the development in concluding contracts, whether in terms of the method of conclusion or in terms of the development of goods and services, has prompted some legislations to create what is called (a period of contemplation), which is one of the means that have been put in place to protect the satisfaction of the contracting party, which may be exposed to as a result of injustice and unfairness, and thus not achieving a contractual balance between the contracting parties. This is done by protecting performance according to the will of the contracting party; thus, a balance is based on the qualitative performance of the contracting party. However, we find that despite this, the Iraqi legislator did not stipulate it because he was satisfied with the rule that the contract is the law of the contracting parties, unlike the French legislator. | ||
| Keywords | ||
| deliberation; slackness; timeout; thinking | ||
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