Performance of the obligation at the expense of the debtor in international sales contracts - a comparative study

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Praise be to Allah, the King of the Judge, and prayers and peace be upon the master of mankind and jinn, Muhammad, and on all his family and companions, and those who followed them with charity until the Day of Judgment. However, the substantial effect of an obligation after it has arisen validly from its source is that the debtor must perform it in accordance with what it contains, faithfully and in good faith, voluntarily, voluntarily and voluntarily and within the specified period, i.e. without the need to take legal action to remedy it, but this is not always the case; It may be felt by a group of them that these obligations are breached, and sometimes the debtor refrains or delays in performing his obligation, or performs it defectively or partially, contrary to the provisions of the law, and it is obvious that such a breach leads to the distance of the bond of obligation from the axis of justice. No one disputes that this immoral outcome does not affect creditors alone, but also leads to a waste of rules. Objectivity with economic content in society, and it is then inevitable to authorize the other party to resort to the methods prescribed by law to force the debtor to implement the agreement to which he is committed according to its form and content, in order to ensure the stability of transactions and not expose them to any tremor or disturbance.

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