المانع و أثرة في نفاذ آثار العقد : (دراسة تحليلية تأصيلية في العقد الموقوف و العقد غير الساري بحق الغير في قانون المعاملات المدنية مقارنا بالفقه الإسلامي ((الحنفي)‎)‎ )‎

الملخص EN

Hanafi Fiqh identifies in detail the provisions of the contract by placing provisions in their proper context.

The scope of this study concerns the halting of a contract when a breach in responsibility on the part of any party has occurred.

One aspect of such consideration is recognition of both the halted contract and the halted contract as a part of the original contract.

Regulatory provisions have no effect on the impact of the contract with regard to the rights of parties linked to the contract and their rights regarding the content of the contract as opposed to a halted contract.

Hanafi Fiqh in fact bases its provisions on deep analyses of these two types of contracts and takes into consideration the halting of a contract and its legal implications.

Legislation in the Emirates has adopted such a direction.

However, in the researcher’s opinion and according to other researchers, there is some confusion concerning the two types of contracts and their provisions on some issues.

This research analyzes both contracts explaining obstacles and some controversies and their implications by making a comparison between the two contracts.

Also evaluated in this study is the adoption of legislation in the Emirates in this regard.

Following the results of the research are some recommendations, including the researcher’s suggestions regarding the amendments to some articles in Transaction Civil Law.

The research is divided across four chapters and conclusion.

It is the researcher’s hope that this subject has been given due attention in this study.