Document Details
|
Document Type |
: |
Thesis |
|
Document Title |
: |
Contractual Interference in The Commercial Contracts in the Saudi Law . التداخل التعاقدي في العقود التجارية في النظام السعودي |
|
Subject |
: |
Faculty of Law |
|
Document Language |
: |
Arabic |
|
Abstract |
: |
There are many legal issues about contracts whose provisions overlap due to their interrelatedness in terms of subject matter or parties while retaining their independence or as a result of their structure, which results in a new contract. Thus, the notion of contractual interference in contracts is highlighted in two types. first type is in interrelated contracts, where contracts are related in terms of judgments. The establishment of each provision in one of these contracts may related to another provision in the contract to which it is attached. Therefore, one of these contracts is considered to be a supplementary contract to another. An example is found in the interrelated contracts between Arbitration Agreement and Main Contract. Also, there is interference in Contract of Sale and Transport, the most prominent cases of contractual overlap between these two contracts are that the seller is obliged by general rules to deliver the goods to the buyer, and usually fulfills his obligation through the carrier. Therefore, the seller will conclude a contract of carriage. The effects of this, that if the carrier failed in his obligation, such failure might give the buyer the right to rescind the contract of sale as result of the failure of the delivery. second type, in which the idea of contractual interference arises, is in complex contracts; however, they differ from contractual interference within interrelated contracts, in that contracts overlap to be a stand-alone contract, like leasing contract, which include sales, and others. Based on the findings of the researcher in the research, it makes many recommendations, importantly, is the need to contract between contractors, with a specialist in the drafting of contracts. Thereby creating an appropriate contractual framework for these contractual relations. |
|
Supervisor |
: |
Dr. Abdulrazzag bin Omar Jajan |
|
Thesis Type |
: |
Master Thesis |
|
Publishing Year |
: |
1440 AH
2019 AD |
|
Added Date |
: |
Tuesday, July 2, 2019 |
|
Researchers
| عبدالله سعد العوفي | AlOwfi, Abdullah Saad | Researcher | Master | |
|
Back To Researches Page
|