The Effect of Death on the Obligations Resulting From the Contract: A Legal Research in the Civil Law

Abstract

This research examined the effect of death on the obligations resulting from the contract that was conducted prior to death, whether a written or unwritten one. In this regard, the researcher can understand the law's keenness that man should leave this life while his financial obligations are not bound to anybody and has no obligations, exactly as the law is concerned that man shall have his rights from the others and oblige them to implement their agreements. Accordingly, death, in its nature might come suddenly without prior notice and the dead man might have conducted one or more contract, and thus it is necessary to implement such obligation or discharge the quittance of the dead person from any debts or obligations. On the other hand, the importance of this paper comes to show how to deal with law in such incidents (the contract agreement). The researcher made the study and analyzed it while defining the contract agreement and its features and legal form, not to forget researching in the most important obligations incurred on the contracting parties and thus, showing the effect of death on the nature of the contract agreement whether the characters of the contracting parties is considered in the contract or not and then linking the effect of contractual obligations after the death of one party or both of them. The research was divided into an introduction and two themes; the first examined the definition of the contract agreement through two sections: first: defining the contract agreement, secondly: adopting the contract agreement. The second theme examined the effects resulting from the contract agreement; two sections were assigned to this theme; first: the obligations resulting from the contract agreement, secondly: the effect of death on the obligations resulting from the contract agreement. The conclusion included the most important results and recommendations.

Keywords: Death, Obligations, Law

DOI: 10.7176/JLPG/94-02

Publication date: February 29^th 2020