الطبيعة القانونية للمسؤولية المدنية اللاحقة لانقضاء العقد | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 12, المؤتمر العلمي الدولي الافتراضي الاول لطلبة الدراسات العليا في كليات القانون, April 2021, Pages 1-49 PDF (2.51 M) | ||
| Authors | ||
| نمير حساب نور; أ. د. عبد المهدي كاظم ناصر | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| The subject of the study discusses the nature of civil liability that exists between the parties to the contract after its expiration, implementation or expiry of the period. But not every responsibility that occurs during this period falls within the scope of research, but rather it must be related to the contract. This is when some obligations arise from the contract, but they do not expire with the expiration of this contract, but rather continue for another period of time after it. These obligations arise either by agreement of the parties on them, armed with their contractual freedom that the law grants them, so these obligations are subject to the rule (the contract is the Sharia of the contractors), or it is stipulated by the law within the provisions of the contract and they fall within its scope as it is considered one of its requirements. The jurisprudence differed about the nature of this responsibility, as there was a tendency to say that this responsibility is default; Because contractual liability is limited to the period between the inception of the contract and its expiration. Whereas, another trend in jurisprudence goes to the opposite of what the first opinion is, by saying that the termination of the contract does not mean the expiration of everything with it, and therefore the responsibility subsequent to the expiration of the contract is contractual as long as the obligation that led to the breach of its establishment arose from the contract. After discussing and evaluating the arguments of both parties, it appeared to us that the most accurate opinion is the opinion of the contractual nature, and this is what we adopted. | ||
| Keywords | ||
| Civil liability; expiry of contract; nature of liability; position of jurisprudence; most likely opinion; temporal scale | ||
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