The difference between rescission, rescission, termination

The difference between rescission, rescission, termination

exhalation

Forced dissolution means that the contract is automatically dissolved without the need for additional legal action, and the parties or the court do not have the right to choose. That is, the contract is dissolved without the will of the parties, so the fact that the dissolution is forced does not contradict the fact that it is voluntary, for example, the parties may have already agreed that the contract will be terminated by itself after three months.

Types of exhalation

Announcing the contract is divided into three groups based on the role of the will in it.

1) Termination that is directly caused by the explicit will of the parties to the contract, such as a lease that automatically terminates after the end of one year.

2) Rescission which is caused by the decree of the legislator, but it is such that the legislator implements the implicit and assumed will of the parties to the contract, such as the destruction of the goods before receipt, the subject of Article 387 of the Civil Code, that if the goods are destroyed before receipt, the contract It is terminated, this termination is caused by the implicit will of the parties that if the sale is destroyed, the obligation will be destroyed.

3) Dissolution which is caused by the decree of the legislator, but its purpose is to provide the base of will and agreement, such as the dissolution of all legal contracts in case of death or death of one of the contracting parties.

Tafsagh

In the term, aqala is to remove and disrupt the transaction. With the consent and compromise of the parties to the transaction and because the consent of the parties is a condition. Aqala is enforceable only in mandatory contracts. A mandatory contract is a valid contract that the parties cannot cancel or destroy at will. In fact, aqala cannot be enforced for a permissible contract. A permissible contract is a contract that the parties can terminate whenever they want. They can dissolve it. Rescission is a solution for the indissolubility of necessary contracts. In the definition of rescission, the legislator has the title of rescission (agreement of two parties to a contract necessary for its dissolution) or breaking a necessary contract with the agreement of the parties.

termination

Termination, which is also called the voluntary dissolution of the contract, in legal terms is the legal termination of the contract by one of the two parties to the contract or a third party.

Voluntary termination or liquidation of the contract in terms of legal status is one of the reasons for the collapse of obligations and contracts.

The discussion of contract termination is necessary for contracts, because in legitimate contracts, each of the parties can terminate the contract at any time, it is a unilateral act of dissolution of the contract and obligation, and it is a type of Iqaa, like Abraa, that is, this that one party can independently exercise its right of termination, without the need for the consent of the other party, which is called Iqaa.

The basis for terminating the contract may be different; It means that the termination of the contract is based on a right that was created either by the agreement of the parties or by a direct decree of the law, and this right is for one of the parties, both of them, or a third party.

A) The agreement of the parties: The parties to the contract can set the right of termination for one or both parties or a third party within the contract or outside of it, such as when a person sells a car to another and stipulates that each of the parties or a person Whenever the third party wishes, they can cancel the transaction within one month, this right is called a conditional option. As mentioned in Articles 399 and 400 of the Civil Code.

b) Direct ruling of the law: in cases to prevent the loss that is unintentionally caused by the contract to one of the two parties of the transaction, the law directly gives him the right to prevent the said loss by terminating the contract, such as if someone He rents a house and after some time realizes that it is not possible to live in it, he has the right to terminate the lease contract based on Articles 478 and 479 of the Civil Code.

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