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Commitment to the expiration of a foreign reason | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 1, Volume 1, Issue 1, 2012, Pages 1-35 PDF (1.43 M) | ||
| Authors | ||
| Burke Faris Hussein Jubouri; Awad Yassin Hussein al-Obeidi | ||
| Abstract | ||
| Abstract Originally one binding acts, which concluded with individuals in the commitments and actions following the verse (and fulfilled the Covenant that was responsible) (), and the obligation to fulfill the Covenant is a moral obligation before they have a legal obligation because the fulfillment of the Covenant is something imposed by the moral obligation and good behavior and manner that is consistent with the principle of good faith and the stability of transactions between individuals.But the fulfillment of the Covenant is not a commitment never have objected to implementation of the commitment obstacles or arise during the implementation of the impossibility outside the control of human transformation, without a commitment to a range of his decree and be impossible or obstacle beyond its capacity rights, here, the interests of justice require that (no obligation to impossible) and commitment outside of the human energyThe expiration of the commitment of the impossibility of its implementation because no hand to the debtor which makes the existence of such impossibility or what is known as jurisprudence (why foreign) cause the expiration of the commitment, this sense raised a selection of the subject of this research and is marked by (a time commitment why foreign) with a stop at the position of the Iraqi judiciary So it must show the importance of this subject and objective of the study, methodology, and the research plan and this taken up in turn.We have mentioned the term cause of the foreign law the Iraqi Civil No. (40) for the year 1951 in citizen several of Article (168) to ensure the contract and Article (211) in the Common Provisions of the work is legitimate and in Article (425) in the third quarter the expiration of the commitment and it makes the need pressing for the purpose of addressing the term (why foreign) and to make it and its importance and the effects that Tterb it.The aim of this study was to address one of the reasons the expiration of the commitment and trying to figure out the criteria that can be adopted to consider the expiration of the commitment the reason foreign, through the analysis of texts and Taeselha and look at the opinions of jurists in this regard and be guided by the decisions of the courts, which have an important role in mature thought and access to practical solutions aimed at . We have divided this study into two sections, we dealt with in the first definition of why foreign, while the second was when we dealt withTerms of commitment to the expiration of why foreign and the implications of this. | ||
| Keywords | ||
| commitment; the expiration; foreign reason | ||
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