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- Title
أثر تعدد الأطراف في انتهاء عقد الوديعة دراسة مقارنة.
- Authors
ضمير حسين ناصر ال أحمد رائد جادر ال
- Abstract
Plurality is a description attached to the obligation, or the right, so it amends its effects after it was limited to two parties, and this plurality may be on the side of the creditor party than we are in the face of the multiplicity of creditors, or the party of the debtor, so we are in the process of multiplicity of debtors, or the plurality may be following both parties at the same time. Polygamy, as a description of the obligation or right, may be attached to the deposit contract, making it a multi-party contract. And since the multiplicity of parties, of course, changes the effects of the simple contract, so the study of the impact of this multiplicity in the deposit contract is important, in terms of standing on the effects of this contract in the presence of multiplicity of parties, and this change in the effects applies starting from the stage of concluding the contract Until it expires, the contract may expire with respect to one of the multiple parties without the rest, and it may expire against all of them. This difference in how the contract ends in the presence of multiple parties is due to the desire of the contracting parties in how they want the contract to end in light of their pluralism, and the desire of the multiple parties is known by knowing the nature of their pluralism, whether it is in a single contract. Therefore, the unity of work achieved by a single contract requires The termination of the contract with the fulfillment of one of the cases of termination for one of them without the rest; This is due to the impossibility of meeting together at work, or multiple parties with separate contracts, and therefore the contract does not require working together. The termination of the contract for one of them does not affect the rest. Knowing whether the multiplicity is in one contract or in separate contracts, just as it has a role in explaining the effect of the expiration of the deposit contract when there are multiple parties. The nature of the deposited money also plays a role in whether it is shared between depositors or not. The fact that the money is shared indicates that the termination of the contract of one of the depositors without the rest will be affected by this joint money because he does not own the deposit alone until it is returned to him in full, which requires looking at the fact that the joint money is of lesbians, which indicates the possibility of returning his share of the deposit and with this return the deposit contract ends with respect to It is for him only without the rest, or is the common money from the valuables that needs the satisfaction of the remaining depositors? Without achieving this satisfaction from the rest, the deposit contract is subject to termination for all depositors.
- Subjects
DISCHARGE of contracts; SATISFACTION; DEBTOR &; creditor; MULTIPLICITY (Mathematics); CONTRACTS; SHARING; POLYGAMY
- Publication
Journal of Babylon Center for Humanities Studies, 2023, Vol 13, Issue 3, p503
- ISSN
2227-2895
- Publication type
Article