تفاصيل الرسالة العلمية

This is a comparative jurisprudence study, tagged (Handing over in contract awards, a comparative study), in which the researcher is accustomed to the analytical inductive approach, with the comparison between jurisprudence and civil law, so jurisprudence legislation was presented to civil laws, to arrive at a systematic framework in which contracting contracts are regulated. Bargaining generally, is a type of financial or utilitarian transaction that takes place between two parties, where each party has a specific obligation stipulated in the contract, at a specific and named time, and aims to bring mutual benefit to both parties, and selling and leasing are the nerves of this type of contract. The study consisted of an introduction, two chapters and a conclusion, and the sources and references were proven. As for the introduction, the researcher clarified the structure of the study, its chapters and objectives. As for the first chapter, it included definitions, defined delivery, arrest, the difference between them, custom of contract, sale and leasing, and compensation, while the chapter The second dealt with talking about the provisions of delivery, and the study here shed light on the time and place of delivery, the inability to deliver, and the loss of the contract. The conclusion came to present the results of the study, and among the most important of these results are: 1- The necessity of establishing the contract of compensation based on a mutual benefit between the two parties. Otherwise, the contract is null and void. 2- It is accompanied by the personal interest of the two parties to the contract, a public interest, so there is no legitimacy for a contract in which there are mutual benefits for both parties and harm to others. 3- The validity of the contract is required for the validity of the contract, if one of the two parties is unable to deliver, then the deficit is either relative, or absolute, if it is relatively, the affected party is notified, then he gives the person who is incapable of indefinite period and waits for it, then the contract is valid, and if he refuses, he has the right. But if the deficit is absolute, the contract shall be canceled, and the party who is unable to deliver shall bear the consequences of the contract and its expenses from the beginning of the agreement until the moment the deficit appears. 4- The time of delivery must be determined by a known time. If it is not mentioned, then it is known that the time of delivery from both parties is simultaneous with the time of signing the contract, and if the deadline for delivery is set, then the two parties must wait for the time to come, so if a deficit appears before the time is reached, this does not harm Contract, but the deficit is harmed if it is with the term