السلطة التقديرية للقاضي في منح الأجل القضائي في دعوى الفسخ : دراسة مقارنة

الملخص EN

The judge enjoys a wide estimation power during his considering the abolition case laid before him, in giving the debtor who violated his commitment a judicial term in order to fulfill his commitment, not giving him, or resorting to the partial abolition of the contract.

As the abolition is an exceptional way to terminate the contracting relation and as this exception necessitate the courts not to expand it in line with the principle that the origin in contracts is the good intention of both parties in executing it and that the idea of violating the commitment is governed by the contract objective elements including the time, the job that should be performed and the association of that performance with mutual commitments of the opponents which necessitate in reality and law making the fair balance in the interest of both parties when the court begins to decide about the abolition claim with considering the resulted impacts which can be harmful to both parties and to the benefit of the contract relation.