Exemption from Contractual Liability in Civil Obligations

    Nadia Yas ,Hareb Hamad Hareb Alkuwaiti

    Abstract

    In this research, “Exemption from Contractual Liability in Civil Obligations”, this study was conducted by the researcher because of its significance and correctness. The subject of contractual obligation has been the subject of numerous past studies, and the authors' perspectives on the subject varied depending on the perspective that each researcher observed and the factors that he saw. Some experimenters focused their study on the field of civil responsibility in the medical field (Khalidah, 2001), and others made the field of transportation, whether air or sea transport, and the nature of civil responsibility and how to pay it, and there are a number of researchers concentrating on the field of transportation, whether air or sea transport, and the nature of civil responsibility and how to pay it, and there are a number of researchers focused on the field of transportation, whether air or sea transport, and there are a number of researchers focused: insurance risks, that the insurance risks be significant, the insured event under conditions of uncertainty, the occurrence of a negative impact upon the occurrence of the insured event (safety, (without year of publication), pg. 4), as well as one that may He considered consumer bank loan operations as a reason for the emergence of civil liability of the lending bank, as he discovered people who joined the political dimension, to investigate civil liability in the case of discussions being broken off. The researcher began by defining contractual obligation, including its definition, requirements, and pillars. The legality of contractual liability exemption was addressed once a distinction was created between contractual and tort liability. That is, the legal basis for the contractual agreement to set the condition for exemption from contractual liability, then it showed the position of the jurists in the permissibility of the condition for exemption from liability, between a supporter of this condition and an opponent of it, The creditor must be informed of the condition of exemption from contractual liability, which can take three forms: it can be in the original contract, it can be in a contract attached to and separate from the original contract, or it can be in the form of a code of terms and conditions completely separate from the contract. In the latter case, the creditor must be informed of the code of terms and conditions completely separate from the contract. So, I discussed the impacts of the condition of contractual liability exemption and the constraints contained therein. As a result, the effect of the exemption clause on the initial obligation to exempt the debtor from execution was clarified. The effect of the contract's invalidity on the condition of liability exemption was then demonstrated without taking into account the condition of the invalid exemption, and finally showed the freedom of individuals to agree on the condition of exemption from contractual liability and the legal exceptions that are received.

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