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Articles 61 - 63 of 63
Full-Text Articles in Contracts
إيفاء الديون المحررة بالعملة الأجنبية في العقود الداخلية, نجيب الحاج شاهين
إيفاء الديون المحررة بالعملة الأجنبية في العقود الداخلية, نجيب الحاج شاهين
Proche-Orient, Études juridiques
The issue of the payment of debts denominated in a foreign currency arises in two types of contracts: international contracts and domestic contracts. In international contracts, this issue is easily resolved by Lebanese Courts who have consistently ruled that the debtor must repay the debt arising from an international contract in the foreign currency that is stipulated in that contract. On the other hand, this raises three problems that have led to conflicting court decisions in domestic contracts. These issues are the following: the validity of contractual provisions requiring that payment be made in a foreign currency; whether the debtor …
Force Majeure And Economic Hardship Under Uae Law, Myrna Saad
Force Majeure And Economic Hardship Under Uae Law, Myrna Saad
Proche-Orient, Études juridiques
The recent COVID-19 pandemic has sparked a renewed interest in the concepts of force majeure and economic hardship, which both deal with unforeseen and unavoidable events disrupting the performance of a contract. Despite many overlapping features between the two concepts, major divergences exist, both in conditions and effects. This article examines how force majeure and hardship are approached in the UAE Civil Transactions Code by analyzing their constitutive elements and comparing their consequences on contract performance and liability.
Les Conditions Générales De Formation Du Contrat Dans La Jurisprudence Libanaise : L’Objet, La Cause, Les Vices Du Consentement, Samia Nassar Asmar
Les Conditions Générales De Formation Du Contrat Dans La Jurisprudence Libanaise : L’Objet, La Cause, Les Vices Du Consentement, Samia Nassar Asmar
Proche-Orient, Études juridiques
The general conditions for the formation of the contract in the Lebanese case law The Lebanese lawmaker enacted the general conditions for the formation of the contract in Articles 186 and following of the Code of Obligations and Contracts. However, here as elsewhere, the legislative work had to be supplemented by case law. The analysis of the case law relating to the substantive conditions required for the formation of the contract, has allowed to identify the most significant points of litigation in this area, to list the solutions given by the courts and to infer their general guidelines. The Lebanese …