الالتزام بتخفيف الضرر في العقود : دراسة مقارنة

الملخص EN

This study aims to identify the various theoretical and legal aspects of the obligation to mitigate damage in contracts as a mechanism for ensuring the continuity of the contract and maintaining the contractual balance during the execution phase.

this is accomplished by emphasizing the content of this obligation by seeking its basis and origin in light of national and international legislation and various jurisprudential orientations, as well as its legal nature ; and clarifying the provisions of the obligation to mitigate damage both in terms of controls over the implementation of this obligation and determining the legal consequences of such implementation.

the study concluded that the obligation to mitigate damage is one of the applications of good faith principle in contracts and a reflection of the most important modern legal orientation based on the consolidation of cooperation and solidarity in contractual relations, which required each contracting party to take into account, beyond their interests, the interests of the other contracting party by accepting certain sacrifices to promote the preservation of the contract and achieve the contractual purpose for which it was established.

it is a positive obligation to take reasonable action to mitigate the damage caused by the debtor’s inability to perform its contractual obligation in order to optimize the contract.