International Journal of Legal and Comparative Jurisprudence Studies

Volume 2 - Issue 2 (5) | PP: 143 - 153 Language : العربية
DOI : https://doi.org/10.31559/LCJS2021.2.2.5
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Effect of the determination of contractual liability on the contractual balance in international trade contracts

Mohammad Emad Falah Otoom ,
Malek Nassar Al-Rabadi
Received Date Revised Date Accepted Date Publication Date
13/6/2021 7/8/2021 15/9/2021 15/9/2021
Abstract
In this research entitled" Determining Liability and its Impact on Contractual Balances in International Trade Contracts - Sales Contract as a Model", we tried to determine the impact of the requirement to determine responsibility in international trade contracts by dropping provisions on the sales contract because it is the most important contracts that the domestic and international legislator sought to address its provisions throughout the ages. After research, we concluded that the condition for determining liability is a permissible condition in terms of the general origin and is not invalidated except by an explicit text in application of the rule “the exception is estimated according to its extent and cannot be measured against.” It is exempted from it if the condition for the exemption is. While we found a need to introduce the clause limiting contractual liability within international legislation due to the spread and expansion of international trade and in a way that shows cases of prohibiting the requirement of such a clause to consider the breach that may be caused by its presence in some international trade contracts.


How To Cite This Article
Otoom , M. E. F.& Al-Rabadi , M. N. (2021). Effect of the determination of contractual liability on the contractual balance in international trade contracts . International Journal of Legal and Comparative Jurisprudence Studies, 2 (2), 143-153, https://doi.org/10.31559/LCJS2021.2.2.5

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