سلطة القاضي في تقدير مشروعية الدفع بعدم تنفيذ العقد

الملخص EN

The payment non execution of a contract is one of the most important defense means owned by the contractors, which aims to ensure the implementation of the contract, through the contractor's refusal to implement his obligation until the other party fulfills his obligation, and this payment is usually made without resorting to the judiciary, but the judge may intervene by implementing his discretion and disclosure of the legality of the non-execution or not, the intended purpose of the payment of non-execution is to compel the contracting party to carry out his obligation, so the results of the payment are temporary arrest of the contract, it is a result that seeks as a whole to preserve the contraband, as it does not lead to the resolution of the contractual tie, as is the case in the case of contract avoided.