الرافدین للحقوق (Sep 2018)

Impacts of invalidity for others

  • Akram Mahmoud Hussein,
  • Hind Faleh Mahmoud

DOI
https://doi.org/10.33899/alaw.2018.160778
Journal volume & issue
Vol. 20, no. 64
pp. 242 – 277

Abstract

Read online

If the act was nullity it has no effect , and if the act enters into a contract interactive , the commitments which was created will disappear , If these commitments doesn’t implemented it must reply parties to their centers before contracting whenever possible, if one of the parties had acted in a right that had him under his wrong acting , so his acting will be wrong with The rule that ((what built on falsehood is false)), Originated from this logical base a principle include that acting wrongs don't arrange the impact , However, this often inimical to justice when it is applied because the nullity contract might be implemented and maintained a certain entity so it’s founding and implemented successor a centers and interests worthy of protection, And these interests may be worth to care from the ones that should be protect , as well as the application principle of non-impact on nullity contract may lead to many economic and social consequences of that ominous, So the legislator try to avoid those results with some exceptions that have as a consequence the protection of good faith and stability of transactions , but public interest require that protection for their sponsorship of public credit and ethnocentrism legitimate confidence lulled people.