عنوان المقال عربي
أثر الضرورة في تطبيق الأحكام الاستثنائية لتغيير آثار العقد
Abstract
The necessity in this topic is the case which may happened to a contractor that affects him in the performance of his contractual obligations, which make him onerous as compared to the performances that other party do. In addition to this rule, the necessity may make the obligation unfair to the contractor if the original rules had been applied of the contract, even if there is no performance instead, this case (the necessity) will results in an exceptional provision that takes into the achievement of justice. The scope of the research is determined by the effect of necessity in changing the effects of the contract after it's formation in terms of its modification or the possibility of not applying it's items, as well as the role of the judiciary in this regard.
Keywords
Application of exceptional provisions, effects of the contract
Recommended Citation
ghaniun, wasanu Qasim and inside, Ali Saud
(2025)
"The effect of necessity in applying exceptional provisions to change the effects of the contract,"
Uruk for Humanities: Vol. 12:
Iss.
3, Article 16.
Available at:
https://muthuruk.mu.edu.iq/journal/vol12/iss3/16
