الشرط الفاسخ : دراسة قانونية مقارنة بالفقه الإسلامي

Abstract EN

Many of the problems that occur between the contracting parties are due to the failure of one of the contracting parties to implement its commitment to the terms and conditions in the contracts binding on both sides, with the other’s willingness to implement the terms of the contract, which leads to the possibility that the other will demand annulment, but the annulment does not come easily.

Rather, this is referred to the judiciary, which may not It is ruled or the period is prolonged with the litigation procedures, which is necessary to inflict harm on one or both parties, and for that reason the resolving condition was legislated in order to shorten the time and effort and prevent or reduce the harm, but is the resolving condition safe from negative effects? Is it possible to come up with a new general idea through this study in refining the resolving condition in a manner that suits the objectives of the legislature and the judiciary and takes into account the interests of the parties to the contract.

Therefore, the revocable condition is considered one of the vital issues in our present time because of its many practical dimensions, whether in terms of the stability of transactions or in terms of the purpose of the courts In observing the balance between all parties and settling cases.