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النظام القانوني للوصف الذي يلحق محل الالتزام : دراسة مقارنة == LEGAL THE SYSTEM TO STOP WHICH APPENDS OBJECT OF AN OBLIGATION comparative Study
Author name:
زينب ماجد عبد علي الزبيدي
Supervisor name:
سلام عبد الزهرة عبد الله الفتلاوي
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:
13T1716 - p.pdf
Abstract:
Commitment legal as an association, it may be as simple and may be - characterized, be simple if he accepts execution in the case which is accomplishing did not inflict any description of the descriptions, while the prescribed commitment is a commitment to the help of description, and this description the help of the same Association Viather in the presence or force if the impact of their presence and make their presence is uncertain is the condition, and if the effect of the force making them not take it in order, and either attached description one end of legal bond creditor and the debtor that party becomes a multiple is (multiple ends of commitment), and finally may cause Description object of the obligation Viadd after it was one and said to him in this case multiple object of the obligation, and that our search was limited to the description attached to replace the liability that would be Tejearaa or Bdlaa or pluralistic and economized statement Altejeara commitment and commitment Alibdla fact that the latter does not arrange any trace, and Altejeara commitment known in Islamic jurisprudence option of appointment eight scholars of Islamic doctrines have not Ajasoh all but passed only tap, Maliki and Zaidi, while the rest of the doctrines of Imamiyya (Imamis) and exhale from the tap and Shafi'i and Hanbali not permitted as a lead to the foolishness of the shop and thus lead to ambiguity and this may not be with them, and varied civil legislation Almgizh to comply Altejeara to be called the mismatch put his name known in Islamic jurisprudence option of appointment of civil Yemeni such as law and others taken in Monday Altejeara commitment and choice of appointment such as law, civil law and the Iraqi civil Egypt and from there it is only the designation of commitment Altejeara as in the French civil law The obligation Alibdla it was defined Islamic jurisprudence, the commutation of the shop and put his judgments differed from that came in the civil laws, in the Journal of the judicial provisions of Article (53) thereof, which stipulates that (do not they can be the wildcard unless hero original) This means that the debtor may not be his move to the allowance only if the original champion and that's what Vsroh allowance prevent and touched upon in serum in the body of the search, while a law making the option of the debtor that the original or reimburse the allowance according to his will, whether or not the original.
