الإطار القانوني لفسخ العقد بناء على الإخلال المبتسر بالالتزامات التعاقدية: اتفاقية فيينا 1980 م. للبيع الدولي للبضائع والأنظمة العربية

الملخص EN

This study came under the title of the legal framework, termination of the contract based on premature breach of contractual obligations (a comparative study in the 1980 Vienna Convention for the Sale of Goods and Arab Regulations) to find out a new theory that seeks to find practical solutions to a legal issue It was not possible to find fair solutions to it under the traditional theories of law- as the theory deals with the issue of termination of the contract before the expiry date of execution in the event that it appears clear from the evidence and circumstances what calls the creditor to seriously believe that the debtor will breach his contractual obligation.

In order to reach scientific results that contribute to enriching legal thought, drawing attention to this theory, and discussing the possibility of adopting it in Arab systems, the study relied on collecting and extracting information from its sources Major references, book mothers, scientific papers, articles, and national legislation, and followed the comparative, analytical descriptive approach in addressing issues and extrapolating the legal texts of the Vienna Convention of 1980 AD and the Arab regulations.

The study reached conclusions and recommendations, most notably that the Arab regimes did not adopt the issue of termination of the contract based on premature breach of contractual obligations as a general theory, although it had dealt with it in a partial manner in some civil and commercial contracts.

Therefore, the recommendation was that it should be included in the Arab systems as a general theory.