تقليل ضرر الإخلال العقدي عن طريق الصفقة البديلة

Abstract EN

The substitute transaction is the legal means that the law gave to the contracting party in the event that the other party does not implement his obligation, and it is through implementation of the contractual obligation at the expense of the debtor.

The substitute transaction reduces the harm of contractual breach, as according to the damage reduction rule approved by Anglo-American laws, the creditor cannot claim compensation for the damages incurred by the debtor as a result of the debtor’s breach of his obligation if he can reduce these damages by exerting a reasonable effort.

The damages that the creditor could have avoided are indirect damages The debtor is cannot be asked about it.

One of the means by which the damage can be minimized is the conclusion of an substitute transaction, that is, the creditor should not remain with his hands folded when the debtor breaches the contract and then claim his lost profits, but he must seek to find alternatives, The study concluded that the substitute transaction in Anglo-American laws differs in nature from execution at the expense of the debtor in Latin laws, as the substitute transaction is a means to reduce harm in Anglo-American laws, while in Latin laws it includes minimizing the damage but it is the right of the creditor that is not to be blamed for leaving it, and there are some applications that The legislator and the judiciary deviated from this rule.