جزاء بند المنع من التصرف في المادة المدنية : دراسة مقارنة

الملخص EN

This paper provides a critical appraisal for some issues related to the inefficiency of prevention of disposal clause’s penalty in civil coding.

Despite of some civil codes provides for penalty of nullity; the question that may arise here: what types of nullity and its scope in case of violation of the conditions clause's validity and its substance.

The paper seeks to address the shortcomings related statutory provisions that govern all aspects of the prevention of disposal clause’s penalty.

Thus, reference should be made to the general rules in order to avoid confusion.

In addition to the nullity’s penalty, the question arises as to the possibility of requesting the termination, enforcement in kind and the legal source for that.

The paper attempts as well to show the essential need of regulating contract's termination in a clear cut provisions with eliminating related ambiguity to the creditor's petition in termination or not the contract away from going through the stage of enforcement in kind.

In order to guarantee an effective prevention of disposal clause, this paper seeks to clarify the ambiguity related to determination the legal consequences in case of violation its conditions.

Finally, the paper recommends some potential legal solutions for the issue in question.