The effects of the additional period

Abstract

Preserving the sale contract and restricting the right to rescind it is one of the goals that international legislation sought to consolidate. For his right to rescind to be valid, it is required that the debtor has committed a fundamental violation. If not, the contract remains valid and productive of its effects. The offense committed here amounts to a fundamental violation that allows the creditor to rescind the contract, and if a violation has begun, it is not considered as such.

       International legislation has limited the granting of additional time to contracting parties only, but it is a rule that is not considered a matter of public order as it is subject to agreement on what contradicts it, by assigning it to the arbitrator or judge examining the dispute or who agreed to intervene in it. Granting it has important effects and two periods of time, the first of which is during It is granted by the fact that it restrains the creditor from doing any work until its completion and he reserves his right to compensation only. As for the second period, it is represented by its expiration and the return of the suspended powers to the creditor, so he has the right to use it for all the prescribed penalties.

       International legislation dealt with granting the additional grace period as a matter of permissibility and not obligatory, in the sense that the matter is entirely left to the creditor with it, as he is not held accountable in the event of his refraining from granting it, which is something that violated the internal legislation, including, where the German system deals with it as an obligatory matter at the extreme It is obligatory for the injured person if he wishes to preserve his right to compensation, and the Egyptian and French laws are similar in that.

       The granting of the additional grace period was general and for all cases in which the debtor fails to implement the obligation, as long as it is his responsibility to perform it, even if it is mentioned in cases in which the legislation dealt with what is considered a fundamental violation.

       The Iraqi internal legislation came to regulate the additional grace period, but under another name, which is (Nazra al-Misira), but it was brief in terms of the authority to grant it, as it was limited to the judicial authority only and without stating any details. It is a matter in which misuse may occur, whether in the face of the debtor or the creditor, as they are texts that need radical intervention and real treatment by the Iraqi legislator in order to be commensurate with the impact of them.