Legal framework of the bin in probability contracts

  • Prof. Sherouk Abbas Fadel Faculty of Law / Nahrain University
  • Zahra Mabrouk Abdullah Faculty of Law / Nahrain University

Abstract

           The contract is the law of the contracting parties, and the original is in the consensual contracts, and the individuals are free to include in their contracts the different terms and conditions as long as the latter is not contrary to public order and literature, within the framework of equality and non-imbalance between the parties to the contract. It is established by the clear legal provision that there is the possibility of appeal against the specific contracts, because of this imbalance, which necessarily leads to prejudice to justice and damage to the community. Each contractor can determine the exact time of the contract as much as it takes and the amount it gives it, even if the walls are not equal, one side may be absent and the other absent. The dilemma arises in potential contracts, those contracts where the share of each contractor is not determined but until the time that will get In which both share and the amount of his commitment, on the one hand. And on the other hand speculation in these contracts, and speculation is not intended to start. These can be challenged in these contracts potential for injustice or not, which will be addressed by research.


 

Published
May 14, 2018
How to Cite
FADEL, Prof. Sherouk Abbas; ABDULLAH, Zahra Mabrouk. Legal framework of the bin in probability contracts. Tikrit University Journal for Rights - مجلة جامعة تكريت للحقوق, [S.l.], v. 1, n. 4, p. 36-68, may 2018. ISSN 2663-8983. Available at: <http://tujr.tu.edu.iq/index.php/t/article/view/89>. Date accessed: 27 nov. 2019. doi: http://dx.doi.org/10.25130/rights.v1i4.89.