دور الالتزام الثانوي في نطاق قاعدة الدفع بعدم التنفيذ : دراسة مقارنة

الملخص EN

The explanatory memorandum to the Kuwait civil law states that (the basic idea on which the defense of non-implementation is based is that if you want to take your money, you must fulfill what you owe, and there is no covenant for the one who does not covenant) meaning that it depends on the interrelationship and opposition between obligations.

As stated in the preparatory work for the Egyptian Civil Law, the system of contracts binding on both sides is based is related to the implementation of the corresponding obligations in the form of exchange and retribution.

Execution by the other contracting party of the corresponding obligation.

The field of payment for non-performance is limited to what has not been implemented from the corresponding obligations of the parties to the contract, and the corresponding obligations is what distinguishes the contracts binding on both sides, in which each party is a creditor and a debtor at the same time.

Contracts binding on both sides is important for contemporary implementation of each of the corresponding obligations, which is the basis for the defense of non-performance.

So does the breach of implementation give the right to adhere to non-performance in case of breach of a secondary obligation? This is what we answer in this research.

The research is divided into two demands.

In the first requirement, we address the definition of the secondary obligation, and then we address in the secondary requirement the role of secondary commitment in the case of using this defensive method.

As for the scope of the study, the comparison will be between Iraqi, Egyptian and French laws with reference to the position of the judiciary in those countries whenever available