Article Title

The Extent to which a Contract may be Terminated Based on a Prior Breach of the Contractual Obligation: A Comparative Study

Authors

mohdkhair mahmoud adwan Dr., Associate Professor of Civil Law, College of Law, Sultan Qaboos University & Yarmouk University – JordanFollow
Naim Ali Otoum Dr, Associate Professor of Civil Law, College of Law - Yarmouk University JordanFollow

Abstract

The Contractual Obligation is proven to be owed by its owner as soon as the contract is concluded or the deadline for its implementation is due, Following this that the contractual violation should be before it not after, and if that kind of violation is the ordinary kind of contractual fault so the happening of contractual violation before the execution is a case been put by rules and Judicial Pronouncements as putting it in certain ordered law firm has its special private rules and obligations that distinguishes it from any similar cases of the expiry of contract.

And for that the advanced breaching by any behavior came out of the debtor in a clear or hidden way makes it Impossible or in-vain to execute a future commitment, because of that there will be a serious average on the creditor that that allows him to revoke the contract or ending it or asking for the compensation of any average might be caused by the debtor.

The Arabic laws haven’t exclusive a special law for that hidden violation regardless how important it is, and amongst the warnings of going to the ordinary law of handling the wrongs of contractual violations specially with the hidden contractual commitments regarding the typical dissonance with the normal known violation.

Recommended Citation

adwan, mohdkhair mahmoud Dr. and Otoum, Naim Ali Dr (2023) "The Extent to which a Contract may be Terminated Based on a Prior Breach of the Contractual Obligation: A Comparative Study," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 93: No. 93, Article 8.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol93/iss93/8