عقد الإذعان وأحكامه : دراسة مقارنة

Abstract

The study dealt with the contract of compliance in a comparative study between positive law and Islamic jurisprudence. It define the contract of compliance and it's reality, it's structure, terms and characteristics. It also analyzed and adapted it's elements and compared between the contract of compliance and similar contracts, as well as how it can be eliminated. The problem of the research lied in that, there is a huge gap between the contract of compliance and the lack of inadequacy of the legal texts concerned with the protection of the party involved in the compliance contract. The importance of the study stems from the desire to raise or mitigate the injustice that is happening on the party involved in the contract of compliance, so as to help the oppressed with legitimate and humane value in the first place. Also the study of the meaning of the compliance contract and the law has contributed to discussing this subject. He study aimed at highlighting the characteristics of Islamic jurisprudence and keeping pace with the development and change of human needs at any time and place, and the recognition of the views of jurists in adapting the contract of compliance was the object of study. The study adopted the inductive methodology that collects the information, then classifies, analyzes, then collects and arranges them, in order to reach the meaning of the contract of compliance and liberation of the people , and the study also adopted the analytical methodology, that isolates the elements from each other in order to identify the problem, the content and characteristics, and also the historical methodology, in order to trace the origin and development of the contract of compliance and the comparative methodology, so that the researcher can examine the views so as to discuss the contract of compliance scientifically and to be supported by facts. The most important of the finding, is that the contract of compliance is a valid contract, in spite of the arbitrary conditions it sets. The Sudanese legislator has also protected the plaintiff with a reasonable degree of protection, but with the industrial development and the presence of large corporations with large funds and skilled technical professionals that such legislation needs further support and study in order to create better protection and greater guarantee for the weaker party. The study concluded that there is a huge gap between the contract of compliance and the contract of impulsion, as well as between 4 the arbitrary conditions and the theory of emergency circumstances, and the study recommended to review the articles and legal texts, and to grant more powers to the judiciary when intervening to amend the obligations of the parties to the contract of compliance, instead of the legal text simulated in the Sudanese Civil Act 1984.