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Colleges

Commitment provisions

Course description: This course addresses the concept of legal obligation and its provisions. It also defines the role of will in the formation of a legal obligation, defects of will and their legal consequences, and introduces the provisions of unlawful acts, unjust enrichment, types of legal obligations, specific performance of legal obligations, methods of performance with consideration or descriptions of the obligation, transfer of legal obligations, and methods of their extinction.
Credit hours: 3
Prerequisites: LAW 111
Objectives of the course :

The aim of this course is to:
Developing the student's ability to identify the type of commitment and how to implement it, the means that ensure this.
– Define the descriptions of the obligation, the effects, and the conditions of each description.
The student's understanding of the means of transferring obligations, whether from the creditor's or debtor's side, and the means of extinguishing obligations.

Course outputs :

Knowledge and understanding:
1- To know the terminology and concepts related to obligations, their descriptions, their performance, their transfer, and their termination.
2- To describe the fundamental principles and theories governing the topics of the effects of obligations.
Skills:
1 - To analyze the regulatory texts related to the subject of the effects of an obligation.
2. To apply the texts relating to compensation of all its various types, judicial and contractual, to the material facts.
3. To draft legal claims and memorandums in the field of disputes related to the description of an obligation, its transfer, execution, or extinction.
Values, autonomy and responsibility:
To adhere to Islamic values and professional ethics, and to participate in finding constructive solutions to issues.
2. To take responsibility in individual and group work
To embody good morals, self-confidence, understanding of others, and commitment to the values of loyalty and belonging to the homeland and its leadership.

Additional information:

Course Topics:
Simple loyalty and loyalty with solutions.
Extinguishment of Obligation by Equivalent to Performance: Performance in Lieu of Payment, Novation, and Substitution of Debtor, Set-off, Merger of Debt.
Means of compelling a debtor to perform in kind: physical coercion, confining the debtor and preventing them from traveling, punitive fines, and seizing the debtor's assets.
Right of Retention - Enforcement for Compensation: Judicial Compensation. Conventional Compensation (Penalty Clause) Statutory Compensation.
Compulsory Enforcement: Excuses: Definition, Necessity and Method, Effects. Specific Performance: Definition, Conditions.
Specific Performance: Judicial Compensation, Conventional Compensation. + Midterm Exam.
Means of ensuring the performance of an obligation from the debtor's assets – indirect action – Paulian action.
Action for simulation. Insolvency registration system. .
Obligation Descriptions: Condition: Its definition and characteristics. Effects of the condition – Term: Its definition, characteristics, and effects.
Alternative obligation, facultative obligation, solidarity (positive - negative). .
Extinguishment of an Obligation Without Fulfillment: Release - Impossibility of Performance. Statute of Limitations (Prescription): Definition - Periods - Provisions - General Review of the Course. .

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