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Legal Groungs for Permitting the Civil Sanction | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 17, Issue: 2 part 1, September 2026, Pages 1273-1294 PDF (549.43 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.175956.1713 | ||
| Author | ||
| Zainab Zamel Ghaleb* | ||
| Ministry of Higher Education and Scientific Research / Administrative and Financial Department | ||
| Abstract | ||
| Civil sanction arising from the permissibility established through the study and analysis of legal provisions constitutes a means of distinguishing the effects of a contract from the other general principles through which certain measures may be regarded, by their very nature, as civil sanctions, without adhering literally to the meaning or wording of the legal provisions relating to this aspect. The interpretation and adaptation of a legal provision to circumstances requiring an appropriate sanction may constitute an important means of identifying such sanctions, even where the provision does not expressly convey the same meaning. Nevertheless, such interpretation and adaptation serve as a means of protecting legal transactions and imposing an obligation to refrain from causing harm to others. A civil sanction cannot, in essence, be confined merely to preventing harm or compensating for it within the scope of civil liability. Rather, it constitutes, in its true nature, a means of safeguarding rights and obligations against fraud and bad faith. It also serves to achieve a balance between the reciprocal interests of the parties to a contractual relationship, in accordance with and in application of the principle of good faith, the principles of justice, and the powers vested in the judiciary. The findings of this study further demonstrate that civil sanctions differ from, and possess distinct characteristics in relation to, certain legal concepts that may be conceptually or consequentially similar to or overlap with them. | ||
| Keywords | ||
| Permissibility; Civil Sanction; Contract Interpretation; Good Faith; Harm | ||
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