Contract Extension Comparative Study

Abstract

Abstract: The duration plays an important role in contracts, as it is one of the basic elements of the contract, as the duration of the contract is directly proportional to the estimated duration of this, increasing with the length of this duration and decreasing with its shortness, and during this duration the contract is implemented continuously or periodically. Contracts in terms of time are either immediate contracts, meaning they are implemented immediately upon their conclusion, or continuous contracts in which time is an essential element, so they are continuous or periodically implemented. Legislation and jurisprudence have been interested in highlighting the role of duration in the life of the contract since its formation, but we found that this interest has been limited to the lease contract as a contract of duration without paying attention to the rest of the contracts of duration, as the laws stipulated the necessity for the two parties to agree on the date of the start of the contract to calculate its duration, but if the contracting parties do not specify the duration of the contract, this does not prevent the conclusion of the contract, but jurisprudence and legislation agree on the validity of the lease contract if the two parties do not address its duration and do not decide the invalidity except in one case, which is that the contracting parties address the duration but differ in specifying it. Jurisprudence and legislation have neglected other term contracts and have not given them the same attention as they did the lease contract. We find that they have spoken about the extension and renewal of the lease contract and have not developed a general theory for the extension of the contract in general despite the importance of the theory of contract extension. It is known that the contracting process, procedures and expenses are no longer an easy matter. Here, the extension of the contract shortens the time, procedures and expenses. The extension of the contract is the shadow of the original contract, so we find many of the advantages of the original contract apply to the extended contract except in a few details such as the capacity that must be available in the original contract and is not required when the contract is extended. Therefore, we explained the concept of contract extension, its characteristics, causes and effects, then we explained the extent of applications of this extension. The result was that the extension constitutes a general theory that applies to all contracts and is not limited to some of them.