مجلة الحقوق والعلوم الانسانية
Volume 15, Numéro 2, Pages 29-44
2022-06-15
The Role Of The Judge In Determining The Fate Of The Unexecuted Contract For A Legitimate Reason
Authors : Bouderbala Mouni .
Abstract
Whenever a contract is established gathering the elements and the conditions for its validity, all its effects will result. The parties are obligated to execute it, even if by compulsion, whenever possible, and since the execution of contracts is the principle, the failure to execut it cannot be legitimate. However, in the case in which the other contracting party does not perform its obligations arising from the same contract, the non-performance becomes lawful. It may happen that the obligations of the contractors are due at the same time, and both of them adhere to the paying after execution and remain in this state, and although the Algerian legislator stipulated in Article 123 of the Civil Code their right to adhere to this paying, it did not give a solution to this problem. It’s unreasonable for the contract to remain in place that brings the parties together forever, as this is illegal, and this study came to shed light on the positive role of the judge in determining the fate of the contract in such cases.
Keywords
Judge ; Execution ; Contract
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