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In-Kind Execution Of Contractual Obligations: Rule And Exceptions Under The Unidroit Principles And The French Civil Code, Dr. Yousef Mohammed Shandi
In-Kind Execution Of Contractual Obligations: Rule And Exceptions Under The Unidroit Principles And The French Civil Code, Dr. Yousef Mohammed Shandi
UAEU Law Journal
This research deals with the principle of in kind execution of contractual obligations and the exceptions thereto under the 2016 UNIDROIT Principles and the provisions of the French Civil Code created by decree of 10 February 2016, which amends the Law on Contracts and General Provisions and Proof of Obligations. Both the UNIDROIT Principles and the French civil law establish the principle of in kind execution; it applies to all types of contractual obligations. Nevertheless, the UNIDROIT Principles state five exceptions to this principle, namely: when performance is impossible in law or in fact; when performance is unreasonably burdensome or …
The Direct Case Of Law In Jordanian Civil Law, Yassin Mohammed Aljubouri
The Direct Case Of Law In Jordanian Civil Law, Yassin Mohammed Aljubouri
UAEU Law Journal
The direct case of law is one of the important means for the creditor to preserve and secure his right over the debtor’s assets. The creditor, according to this case of law, is entitled to sue the debtor of the original debtor, without any representation or agency. The direct case of law is a case decided by special provision of law, and accordingly, the creditor is granted the right of preference over other creditors. And therefore no plea can be pleaded against the creditor by the defendant. The direct case of law has its own special legal nature, therefore many …