الاعتبار الشخصي في عقد المقاولة : دراسة مقارنة == personal consideration In the contract the agreement Comparative Study -
Author name:
عقيل محمد موسى الغبان
Supervisor name:
ضمير حسين ناصر المعموري
General topic:
Law
Specific topic:
Civil Law
Degree:
Master
University:
University of Babylon - Faculty Of Law - Department Of Private Law
Language:
Arabic
University location:
Babylon
First pages:
13T1705 - p.pdf
Abstract:
The origin of the agreement contract, is not be affected by the persons of contract or their qualifications , but it is stopped on the subject and the place of the contract , due to achieve this objective is similar and even whatever who was the contracted person, however this origin may exclused when the personality of the contractor are considered in contracting , then the substance of the contract will be affected, according to the personality and the qualifications of the contractor and the aim of that are to achieve ment what the employer wants of commitments, which can only be achieved by the contractor himself, according to the emerging commitment in the contract, and if the contractor move his commitment to other person or there is some thing happened out of his control like emergency . which leads him to not achiered his commitment by perfect way , and failed to achieve the desired goal of the contract, so we will try to clarify the personal consideration idiom in agreement contract .by reports of Iraqi and Egyptian and French civilian legislation, with assistance of provisions of the judiciary and citing views of jurists to compared it with the Islamic jurisprudence, so we can even if in a modest way to cover the personal consideration in agreement contract. as it's concept in first chapter and the consequences of that consideration in the second chapter .
