Breach of Contractual Commitment and its Impact on the Continuation of the Contract (Study in International Trade Contracts)


  • Ibrahim bin Mahdi bin Ibrahim Al-Asloumi Al-Yami


Governing principles, Contracting parties, Commercial transactions


One of the governing principles in the law is that the contract is the law of the contracting parties, and the effect of such principle is that the parties to the contract are free in the obligations they agree upon. Such principle reflects the individual tendency, and as such tendency declines in favour of the objective tendency, then, the law has intervened with provisions that limit the contracting parties' will. However, starting from the second half of the twentieth century and in the face of the rapid development in commercial transactions, various contractual patterns emerged, which reflected a development in the form of contractual construction and the reciprocal obligations it contains. Several international agreements have also emerged with the development of frameworks regulating the mechanisms of concluding and implementing some contracts