The idea of interdependence between the opposite commitments and their impact on binding contracts for both sides
Journal of college of Law for Legal and Political Sciences,
2013, Volume 2, Issue 4, Pages 1-58
AbstractAddresses the search key topic of the topics of civil law, namely the idea of interdependence between commitments opposite, where the search specify this idea within the provisions of the law the Iraqi Civil No. (40) for the year 1951, and the role played in the links the various legal, and specifically within the scope of binding contracts for both sides. Has We have tried through this research stand at the concept of the idea of interdependence and the legal basis upon which, in addition to determine the scope and Conditions crisis provided for the establishment, and then review the position of civil laws and Islamic jurisprudence of this idea, and after the completion of search meaning of the idea of interdependence between commitments opposite in the first section From this research, we dealt with in the second part, after the idea of interdependence in the links and legal systems stipulated in the Civil Code, where we found out that the many legal systems based on the idea of interdependence between commitments opposite in binding contracts for both sides, stands at the forefront of these systems provisions relating to payment not implementation of the commitment lumpy and also the annulment of non-implementation, in addition to explain why carry the debtor to deliver something specific liability mortality due to foreigners on the basis of the idea of interdependence as well.
And we ended our search this conclusion've included the most important conclusions that we have reached, as well as revenue the most prominent of the recommendations that we believe need to be adopted or taking them into consideration, especially with regard to reconsider the provisions of Article (428) of the Civil Code of Iraq, which was considered by the debtor to hand over a certain thing after contract guarantee hand and not by the Municipality.
This is worth noting finally say that the idea of interdependence between commitments opposite in binding contracts for the lateral and the implications of taking them, is limited to those contracts within the scope of civil law, but it expanded to include all contracts binding for both sides whether they are governed by the provisions of the civil law or the provisions of the other laws, فالترابط between commitments opposite Verifier in binding contracts for both sides governed by administrative law, and also those that are subject to the provisions of international law and international treaties, States parties to the International Treaty be agreements binding governed by the idea of interdependence between commitments opposite, and then یترب it all points to be achieved as a result taking them, especially the principle of non-payment implementation, and termination for non-implementation.
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