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Severability in contract | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 4, Issue 1, 2012, Pages 242-275 | ||
| Author | ||
| Wassan Qasim Alkhafajy | ||
| Abstract | ||
| The contract theory, no doubt, is one of the theories of critical importance,not in the area of civil law alone, but in other branches of other law, so it includes the rules, to some extent, fixed and abstract, and then it is a general reference for these branches of the law. If the themes of the Decade is this important, including the subject of our search "capability separation" was necessary for us to test the Valley this topic, to identify the most important Maihtwe of the terms and Maitdmenh of the details more closely, allowing us the opportunity to get out of top what might we make and Manrtaah to modify the about it, and according to Us Mastser steps discussed. Starting with, we try to justify the designation viability of separation, which can be said, in this regard, that the presence of viability in the contract allow the separation of part of it and spending, in order to keep the other part and having an independent, once called this as a reason justifying the vote, is Mrtkzna to launch this label, We also refer here to the other labels that may apply in this case, Kkablah division, Severability, and others which will become clear in the folds of the search. But the reason we chose to name it the ability separation rather than the ability of division, is that the latter, which comes to mind with him, that the thing had split into two equal parts in quantity or size, if we indivisibility contract, it may be conceivable that we will divide the contract into two equal parts, and the case The secession of part of the contract, does not mean never, be separated as far as this part of the remaining part, but can be less than, or very occasionally, be more of it, with the possibility of generating capacity of survival of the other part. He is also on the other hand, both Altzmatin closer than ever thanks in concept, because the separation of the thing means cut and excretion - asstated in the dictionaries, including upholstered in the language, either division of the thing means fragmented and dispersed, but we, with this we tend to use the term separation, the we have mentioned. In terms of the idea of the subject, and justify the choice of title for the research, summarized by saying that the contract, as a legal intended to be meet the requirements of economic exchange between individuals in society, it is unlikely that there will be constraints, what can eventually lead to the paralyzing full, it becomes useless, If it's possible, and the intervention of a certain legal, that is limited to the impact of these constraints part of the contract without the swell to the other part of it, we can achieve the benefit of this is to retain the contract, even if part of it, in order to achieve than in the fulfill those requirements mentioned Proceeding from the principle of "money knows all, Enzk for all." | ||
| Keywords | ||
| The Contract; center a Eptga legal fulfill the requirements of economic exchange between individuals in society; is unlikely that there will be obstacles what could eventually lead to completely paralyzing | ||
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