خيار التأخير : دراسة قانونية معمقة

Abstract EN

The research is a very important issue, a delay in the implementation of the obligations of the debtor Streptococcus.

In binding contracts for the parties may be delayed debtor in implementing the commitments Streptococcus implications which produces damage creditor, especially in the commercial field, which is characterized as fast as in the conclusion and implementation of transactions, from here, the law gives the right of the creditor in the choice between terminate the contract or to stay on with his right to compensation that was his justification.

The fact is that the issue of delay in the implementation of the commitment has not received an adequate share of the attention of the legislator and even jurisprudence and the judiciary, in terms of its meaning and its limits and its effects as a form of serious not executed the obligation.

On the light of this emerged the idea of research to address an important aspect of this issue is the right given to the creditor when delayed debtor in execution, and I mean the right to elect between staying on the contract or to resort to annulment, affect important for the delay is the emergence of the right of the creditor in the choice between staying or annulment, do this right after the provisions of the law? What are the limits and conditions to be proven and its effects? Does he have any special provisions in this regard.