الشرط الجزائي في عقود التوريد الرأي الفقهي و التشريع الوضعي : دراسة مقارنة

الملخص EN

Purpose –The aim of the research is to addressthe penal clause in supply contractsby addressing the jurisprudential opinionand some of what the positive lawsindicated Design/methodology/approach-The researcher set out from a set of investigationsand demands that dealt withthe nature and types of the penalty clause, as well as the nature of supply contractsand their jurisprudential and contemporaryimages.

Findings – The study concluded that thepenalty clause may be present in all financialcontracts except for contracts inwhich the original obligation is a debt, because this is an explicit usury, and thatthe place of the supply contract if it is acommodity that does not require manufacture, and it is described in the liabilityand the supplier has committed to deliverit on time, and the importer›s hasteThe full price at the time of the contract, the penalty clause on the supplier in thiscase corrupts the contract, because it is apeaceful contract, so the penalty clausebecomes a usury contract, and as a resultof the default or negligence of the obligeein the implementation of his obligations, the judge in this case is entitled inthis case when in dispute, and based onthe request to amend the rights And contractualobligations, in a way that distributesthe excess of the contractor from theloss to the two contracting parties, and hemay rescind the contract, as long as it hasnot been implemented.

Key words: - Supply contracts - jurisprudentialstudy - penal clause.