Document Details
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Document Type |
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Thesis |
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Document Title |
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THE CONDITION OF EXEMPTION FROM CONTRACTUAL LIABILITY- COMPARATIVE STUDY IN ISLAMIC JURISPRUDENCE AND SAUDI REGULATIONS شرط الاعفاء من المسئولية العقدية-دراسة مقارنة في الأنظمة السعودية والفقه الاسلامي |
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Subject |
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Faculty of law |
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Document Language |
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Arabic |
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Abstract |
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This study deals with the requirement of exemption from contractual liability, principle and exceptions; the importance of this research is that it is a departure from the general rules that the debtor who has breached his contractual obligation must be liable as a result of such breach. If the condition of exemption from contractual liability is valid, then the debtor shall be exempted from his civil liability; the debtor shall be exempted, and his contractual liability shall not, even if his breach of the obligation entails damage to the creditor, such as agreeing that the debtor shall pay half the value of the damage, or agree to Not to be bound by any compensation for the damage, unless such breach is due to the debtor's fraud, serious error, or damage to the physical integrity of the creditor, in connection with public order.
The fact that the requirement of exemption from contractual liability is a departure from the general rules, i.e., is an amended requirement of the provisions of contractual liability, because they are interpretive provisions of the common will of the contractors; this research mainly examines the legality of this condition and its provisions from a legal point of view. Saudi regulations and some comparative laws, and what the scholars of Islamic jurisprudence in this regard.
In any case, the agreement on the exemption from contractual liability requirement is not always true, but the agreement must be valid, in cases where this condition may be enforced; it must also take into account the legal limitations imposed on it and the limits on the application of the exemption clause. It is the contractual responsibility, in order to preserve the weak party in the contractual relationship, from being forced to accept this condition, even if it is arbitrary by the other party. |
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Supervisor |
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Dr. Elaraby Ahmed Belhadj |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1441 AH
2019 AD |
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Added Date |
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Wednesday, December 4, 2019 |
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Researchers
| فواز نواف العتيبي | AlOtaibi, Fawaz Nawaf | Researcher | Master | |
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