سلطة القاضي في تقدير الضرورة و إثارتها في الالتزام التعاقدي : دراسة مقارنة

Abstract EN

The necessity is a situation which appears when some Circumstances affected with the party in the performance of its contractual obligation.

when the party sued the other one about these circumstances as influential.

the judge has the authority to assess these circumstances and it's evidences in terms of the impact on the party and consider it as a necessity to apply the exceptional provision.

In same time he (the judge) has the authority to choose which of the exceptional rule would apply on the case.

that's if the case have more than exceptional rule.

In that case the judge decide the appropriate jurisdiction.

In other side, the judge has the authority to raise some of the necessities on its own if it is concern with in the case, but the claimant did not raise it to win his claim, knowing that these authorities enjoyed by the judge can be appealed according to the legal methods, but this shall be through appeal against the ruling