The Termenation of contract by the Acceptance of Contractors

This study aims at identifying the avoidance of the contract as the output of the matching of the two wills without breaking out the commitments of the contract or having a defect in it. It springs its legislated rules from the religious tolerance and its facilitated teaching because of the regret of one party. This avoidance is enclosed by the full satisfaction of the two parties which causes the recompense for each one of them. For achieving the purpose of the study, the research is consisted of an introduction and three chapters In The Introduction, the contract is identified as the most important managmental recourses and the most important factor in establishing the commitments in order to reach the contract which is able to be avoided. Also, it has been defined denotatively and connotatively along with its session in Fiqeh and law, and graded in clearing these sessions stages according to the scholars who explain the law starting with the true contract to the false one. Moreover, because the avoidance causes the the dissolution of the association among the contractors, the way of avoidance has been cleared either with dissolution or finishing it. In The First Chapter, the character of the specialization which occurs under specific conditions has been identified , investigated and approved by the scholars who ,despite there agreement about its occurrence, have disagreed in adopting it. Some of them consider the a voidance a new contract, others deal with it as a dissolution, but the rest of them see it as a new contract of the others. These attitudes has been cleared in the body of the research as an ideas parallel the adoption and the rules of the avoidance of the contract included in the Judicial Review Provision taken by the Jordanian Law which adopted the Islamic Fiqeh in this aspect that consider it a new contract for the benefit of the others. Furthermore, chapter one included several concepts dealing with the avoidance of the contracts like the occurrence of it by the first price which means that it is not legal unless it has the same price in addition to the illegal conditions of increasing, decreasing and the variety of sex which means that the increasing or decreasing of the connected and disconnected purchasing price before or after taking the price affect the rightness of the avoidance which ban or don’t ban the return. If these additional benefits before taking the price banned the retune which happens for the benefit of the seller and correct the avoidance. But if the connected or disconnected the additional benefits after receiving the price affect the avoidance , it canceled the avoidance. On the other hand, the connected additional benefits do not cancel the avoidance if the satisfaction occurs and this leads to several results included the returning of weights. Also. Several concepts in the first chapter have to be clarified such as the differences between the Islamic Fiqh, Jordanian and Egyptian law. The former do not allow to cancel the contract as a result of the violations but when the creditor dose not demanding a voidance the contract when the debtor violates his commitments, but demanding the implementation of the contract in order to conduct the mandatory of the contract. If this solution is not conducted , the debtor resorts to the recompense.On the contrary, the later consider the violation of the contract by one of its parties allows the other to cancel it. Finally, the researcher deals with the avoidance of the contract according to the Egyptian law despite the fact that the Egyptian legislature did not organize special laws for it , but, instead of that he submitted it to general laws. The Second Chapter deals with the pillars of the avoidance, conditions, ranges, places and utterances. For example, purchasing, rents and pre-emption could be items for avoidance. On the contrast, divorce, marriage and the donation of the properties for a charitable purposes could not. So, according to the Islamic Fiqeh and what it was adopted by the Jordanian legislators , the avoidance is acceptable in required and non- required contracts . The Islamic Fiqeh requires full satisfaction , session and the purchaser for the rightness of the contract avoidance but , the perishing price dose not have the same effect. In the last section of chapter two, the researcher identifies the avoidance rules such as its proprieties, canceling the contract and returning to the origin. For instance, the disagreement between the contractors in its occurrence returns to the benefits of the demanding contractor. On the contrary , the disagreement in the price has more than on opinion, and according to this, the Jordanian law adopts the Maleky and Hanafy Fiqeh. Also, the final section of the same chapter included the impediment to avoidance such as the increasing in the purchasing which stands as an obstacle. One the other hand, the increasing in the purchasing, the changing of the place and the changing of the name are not considered as an impediment to the avoidance. Furthermore it included the retroactive effect of the avoidance on the contractors. For more details , the avoidance should not have this effect which causes disadvantages for the others. By the same token, this concept dose not mean that there is no retroactive effect when the time is included in the contract. The third chapter investigates the financial debates and the donation contracts such as the rent contracts in which the time is an essential element . Also, passing time is the reason for the avoidance of these kinds of contracts that the Islamic Fiqeh considers the possibility of the avoidance of it along with the Jordanian legislator. Moreover, the same chapter identifies Shofa' (denotatively and connotatively)which means donation of the properties for a charitable purposes and the rules of its avoidance of the contracts and what both the Egyptian and the Jordanian legislators have adopted in addition to the variation among scholars in this field. The Jordanian legislator considers the avoidance occurs on the third party who is the Shafee in the Sofa', But, and on the contrary, Egyptian legislator considers that the rightness of Shofa' happens when the purchasing occurs , and after that, this rightness does not disappear because it does not affect the prosperities of the others. In addition to the debates contracts, donation contrasts have been explained denotatively and connotatively along with its pillars, conditions and the characteristics of the donators, donated and awardees. Also, the researcher investigated the avoidance of the donation and its return in Sunna in addition to the Jordanian legislator's adoption of the possibility of the return in the contracts either by agreement or by the law, on the contrary, the Jordanian legislator limited the returning of the donator as a result of acceptable reason taken by the judge consideration. By the same way, the researcher mentioned the impediments to the returning that the scholars have gathered . Finally, the effects of the returning in the donation among the contractors and non- contractors have been clarified in more details. The avoidance happened in retroactive effects and considered non – existent, the donated would be returned and the donator has the benefits. For the non- contractors, the researcher distinguished between the fixed assets and the other assets. In the case of the fixed assets, the donation became obligatory and no returning on it either the donated fixed or non- fixed. On the other hand, if the donated organized rights for the others with bad intention, the donator could return the fixed assets without any right for the others. On the contrast, if the non- contractor has a good intention, he should have aright and the donator return back this asset with this right.