The consequences after the expiration of the additional period

Authors

  • Mithaq Talib Abd Hammadi
  • Aisma' Muhamad Musaa

Keywords:

effects, expiry, time limit, extra

Abstract

International dealings are completely directed towards the exclusion from all control of internal legislation, through the creation of rules of a professional nature that do not refer in their existence to the law of any country. It is higher than all the countries organizing it in order to be a ruler over it. These provisions range between customary and consensual rulings. The customary ones are like international rules for the interpretation of international trade terms, as they are considered one of the basic sources in international trade or their source may be consensual. The agreements concluded such as the Vienna Convention issued in 1980 or international principles such as Unidro or the principles of European contract law.

The principle in the internal and international contractual transactions, including those concluded between the contracting parties, is its implementation in a manner consistent with good faith, except that one of the contracting parties may fail to implement it or perform it in a defective manner. Somewhat with the strength of the effect resulting from this non-implementation, and did it lead to depriving the creditor of the basic benefit that he intended to obtain from the contract, or was it in a way that could be tolerated in it. It created the so-called fundamental violation, which was from its inception touching the origin of the contract, which prompted the people present in international trade to find solutions to bypass the annulment by granting the creditor with the right a period of time for the debtor party to rectify this breach, either by implementation or repairing the defect, and they called it the (additional period.

Published

2024-07-01