Located in the same judicial annulment | ||
| Risalat al-huquq Journal | ||
| Article 1, Volume 6, Issue 3, December 2014, Pages 130-168 PDF (0 K) | ||
| Authors | ||
| hasan mohammed kadem; abd alamer jafat | ||
| Abstract | ||
| Bilateral contract aims at the implementation of its obligations When one party fails to implement , due to his fault , the other party can sue him asking for the resolution of the contract . The court , within its discretion , when it finds the failure is serious enough , may decide to resolve the contract. This is the judicial resolution . The study tries to clarify the nature of judicial resolution as a complex legal event consisting of two components , i.e. : the legal act by the party demanding the resolution of contract as one component and the work of the judge within his discretion to implement the exact rule of law in the case before him , as the other component . none of the two components alone , can achieve the judicial resolution of contract . | ||
| Keywords | ||
| RESOLUTION; Creditor; contract; Prejudice; Elimination | ||
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