A guide for the disputing parties towards penalties for contract and other civil behavior violations


March 30, 2020
A guide for the disputing parties towards penalties for contract and other civil behavior violations
MOHAMMED.Y.R. ABU JAZAR

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Issue

The research deals with the problem of erroneous settlement of penalties for contract violations and other civil actions done illegally. It is done by detailing the civil violations prone to the penalty, followed by indicating the appropriate penalty for each violation. The research aims at augmenting the practitioners of legal arbitration, civil disputes resolving in general as well as financial and contractual in particular for improving their decisions and rulings, and to elevate them up to the highest levels of accuracy. The research consists of two sections, first of them consists of three topics: introducing civil affairs part of the legislation, explaining the meaning of civil violation and its reality, explaining the types of civil violations. While the second section explains the types of civil penalties, its elements and conditions, and the scope of each of them. The research concludes that the civil penalties, whether related to breach of contracts, or any other civil behavior can be defined within four aspects: Direct penalty, Nullity, and corruption, Ceasing the operating capacity and finally guarantee and compensation, as each of them within a specific field as explained in the research. Keywords: Shari’ah arbitration, Civil violations, Civil penalties.

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