الإخلال بالتنفيذ للمصلحة المشروعة في العقود

Abstract

The idea of the research revolves around the legality of breaching the implementation of contractual obligations. Despite the obligatory contracts contained in the texts of civil laws on the one hand and the good faith in implementing contractual obligations on the other hand, the idea of the existence of an interest that justifies the idea of breach of obligation appears to us, with the necessity of the contractual engagement ending with comprehensive compensation for what It can be achieved if the contract is implemented, but the legitimacy of the interest depends on its existence and non-existence according to its legislative regulation. Despite the existence of the legitimate interest in breach within the scope of Anglo-American legislation, and with the legislative stability within the scope of Iraqi or Egyptian civil law regarding the obligation to implement the contract in good faith, the idea of legitimacy for breach of interest remains an area within the scope of the aforementioned legislation regarding the possibility of contractual breach of a nature different from what it is with legitimate breach of interest. In legislation that adopted the idea of legitimate breach.This legitimate interest that allows the conclusion of a contract could be an interest to terminate it as a result of the occurrence of emergency circumstances in the contract that make the implementation of the obligation burdensome for one of the parties, and therefore it is in his interest to terminate it. However, the legitimacy of the interest varies from one situation to another according to the circumstances of the contract.