فكرة وقف تنفيذ عقد المقاولة : دراسة مقارنة

Abstract EN

Suspending the fulfillment of the contract means stopping the contractual obligations temporarily and insert it in a dormant state for a reasonable period of time without prejudicing the presence of the contract as a result of general exceptional incidents which convert the economies of the contract, or prevent the continuous of its fulfillment and those obligations would return to the life again after the dismissing of those incidents which originally characterized as temporary and their dismissing were expected.

Fulfillment suspending of the contract needs a legislative text that gives the court that authority.

The philosophy of it is to keep out the contract from modifying its obligations in quantitative term or to save it from terminating.

Stopping the fulfillment bases on the rule " if the preventer and the requirement were gathered the preventer should proceeded and if the preventer is dismissed the forbidden will come again".