Document Details

Document Type : Thesis 
Document Title :
OBSTACLES TO THE IMPLEMENTATION OF THE OBLIGATION IN CIVIL CONTRACTS AND THE MECHANISMS TO ADDRESS THEM APPLIED, ANALYTICAL & COMPARATIVE STUDY IN THE ISLAMIC JURISPRUDENCE AND SAUDI LAW
معوقات تنفيذ الالتزام في العقود المدنية وآليات مواجهتها (دراسة تحليلية تطبيقية مقارنة في الفقه والنظام السعودي)
 
Subject : Faculty of Arts and Humanities 
Document Language : Arabic 
Abstract : The problem of the study: The research raises several doctrinal and systematic problems about what are the obstacles to implementing the obligation in the field of civil contracts, in terms of the definition of them, their characteristics and the nature of those obstacles as well as their impact on implementing the commitment in the field of civil contracts, and legislative and judicial solutions to address these obstacles. The objectives of the study: To define the concept of implementing the contractual commitment, to explain the means of implementing the obligation in civil contracts, to clarify the obstacles to implementing the commitment in the civil contract and the consequences thereof, and to explain the role of the legislator in confronting the obstacles to implementing the commitment in civil contracts. Study methodology and tools: The general approach in this research is based on the descriptive inductive approach with the analysis of the issues I have mentioned, and I have followed a comparative approach in the issues addressed in the study between jurisprudence, the Saudi system, and comparative legal systems. The most important results: the capacity of the Sharia and its absorption of all transactions between people, that Islamic Sharia required the fulfillment of the contracts and all their obligations, and also the judge’s intervention in examining contracts by amendment or annulment when the contracting parties dispute in order to achieve justi 
Supervisor : Prof.Dr. Alsyd Ahmed Ali Badawi 
Thesis Type : Doctorate Thesis 
Publishing Year : 1441 AH
2020 AD 
Added Date : Friday, August 21, 2020 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
محمد مبارك الشلويAl-Shalawi, Mohammed MubarakResearcherDoctorate 

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