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Stripping the obligation of the defenses Comparative legal study on ways to protect creditors in contractual relations | ||
| journal of legal sciences | ||
| Article 1, Volume 29, Issue 2, 2014, Pages 1-44 | ||
| Author | ||
| Abstract | ||
| To study the issue of stripping the commitment of the defenses, as a study comparative legal in ways to protect creditors in relations Streptococcus, show us the importance of this topic and vitality, not in the park fertile him, represented the field of doing business with most forms and its applications, but in the framework of civil law as well, where adopted legislator civil states comparison provisions for stripping some of the kinds of commitments within the framework of legal relationships, whether these relationships nodal or multilateral, and whether the creditor beneficiary of abstraction directly involved in the relationship Streptococcus or foreigners about, and the wisdom behind the abstraction multiple and varied according to the legal system to be in it, because the abstraction in the letter rogatory to fulfill different from abstraction in bank debt, and the wisdom of both differ from the wisdom of abstraction in the commercial field, which highlights the need for such an origin in a manner clear and obvious, and the reason is the requirements of doing business and considerations of speed and credit that accompanies it, so blocking the legislator explicit provision debtor's ability to adhere to the payment did not know creditor him and had no role in its inception, as long as this creditor good faith, taking into account the requirements of justice and the stability of the deal. | ||
| Keywords | ||
| Stripping the obligation of the defenses Comparative legal study on ways to protect creditors in contractual relations | ||
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