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

الملخص EN

Purpose –The aim of the research is to address the penal clause in supply contracts by addressing the jurisprudential opinion and some of what the positive laws indicated Design/methodology/approach -The researcher set out from a set of investigations and demands that dealt with the nature and types of the penalty clause, as well as the nature of supply contracts and their jurisprudential and contemporary images.

Findings – The study concluded that the penalty clause may be present in all financial contracts except for contracts in which the original obligation is a debt, because this is an explicit usury, and that the place of the supply contract if it is a commodity that does not require manufacture, and it is described in the liability and the supplier has committed to deliver it on time, and the importer's haste The full price at the time of the contract, the penalty clause on the supplier in this case corrupts the contract, because it is a peaceful contract, so the penalty clause becomes a usury contract, and as a result of the default or negligence of the obligee in the implementation of his obligations, the judge in this case is entitled in this case when in dispute, and based on the request to amend the rights And contractual obligations, in a way that distributes the excess of the contractor from the loss to the two contracting parties, and he may rescind the contract, as long as it has not been implemented.