The role of the judge in determining the fate of the unexecuted contract for a legitimate reason
Author
Source
Revue de Droit et des Sciences Humaines
Issue
Vol. 15, Issue 2 (30 Jun. 2022), pp.29-44, 16 p.
Publisher
Université Ziane Achour de Djelfa Faculté de Droit et des Sciences Politiques
Publication Date
2022-06-30
Country of Publication
Algeria
No. of Pages
16
Main Subjects
Topics
Abstract EN
Whenever a contract is established gathering the elements and the conditions for its validity, all its effects will result.
the parties are obligated to execute it, even if by compulsion, whenever possible, and since the execution of contracts is the principle, the failure to execut it cannot be legitimate.
however, in the case in which the other contracting party does not perform its obligations arising from the same contract, the non-performance becomes lawful.
it may happen that the obligations of the contractors are due at the same time, and both of them adhere to the paying after execution and remain in this state, and although the Algerian legislator stipulated in article 123 of the civil code their right to adhere to this paying, it did not give a solution to this problem.
It's unreasonable for the contract to remain in place that brings the parties together forever, as this is illegal, and this study came to shed light on the positive role of the judge in determining the fate of the contract in such cases.
American Psychological Association (APA)
Bu Darbalah, Mouni. 2022. The role of the judge in determining the fate of the unexecuted contract for a legitimate reason. Revue de Droit et des Sciences Humaines،Vol. 15, no. 2, pp.29-44.
https://search.emarefa.net/detail/BIM-1377207
Modern Language Association (MLA)
Bu Darbalah, Mouni. The role of the judge in determining the fate of the unexecuted contract for a legitimate reason. Revue de Droit et des Sciences Humaines Vol. 15, no. 2 (Jun. 2022), pp.29-44.
https://search.emarefa.net/detail/BIM-1377207
American Medical Association (AMA)
Bu Darbalah, Mouni. The role of the judge in determining the fate of the unexecuted contract for a legitimate reason. Revue de Droit et des Sciences Humaines. 2022. Vol. 15, no. 2, pp.29-44.
https://search.emarefa.net/detail/BIM-1377207
Data Type
Journal Articles
Language
English
Notes
Includes bibliographical references : p. 43-44
Record ID
BIM-1377207