Termination of the Contract by Unilateral Will

Authors

  • Suhaba Nizar Nazem جامعة نينوى Author

DOI:

https://doi.org/10.69513/jnfls.v1.i2.a9

Keywords:

contract, unilateral will, termination, rescission, parties to the contract

Abstract

One of the most important legal principles that regulate contracts is the principle that the contract is the law of the contracting parties and the principle of the binding force of the contract. This means that the conditions agreed upon by the two parties to the contract are the governing ones between them and they take into account the agreement of the wills of the offeror and the acceptor. After their union, the contract that represents their joint will appears. This leads to considering that these conditions that were the result of the agreement and the union of the offer and acceptance are binding on the two parties to the contract and may not be violated by either party to the contract and that the contract is implemented between the two parties in full until the end of the period agreed upon in the contract. However, for many different reasons, one of the parties may need to terminate the contract unilaterally before the end of its term. The law sometimes gives one or both of the contracting parties the right to terminate the contractual relationship, and this is called (cancellation by unilateral will). This may be due to the nature of the contract, as it is a non-binding contract, according to Islamic jurisprudence. An example of this is agency, deposit, and loan contracts. One of the contracting parties may also have the right to put an end to the contractual relationship due to the presence of one of the options in the contract, and the options are many and varied

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Published

2025-01-08