براءة ذمة المدين نتيجة خطأ الدائن (دراسة مقارنة)

Abstract

       All civil laws regulating contracts guarantee the contracting parties the highest levels of protection that can be reached for the parties to the contract, as these laws are obligated to take all precautionary and preventive measures to prevent any act that threatens one of the parties to the contract, whether this threat is due to a foreign cause or due to the negligence or error of the contracting parties or others.  These threats prejudice the rights of the other party, making the implementation of this obligation cumbersome or impossible, thus arranging the right of the other party to claim compensation. Civil legislation has attached great importance to the debtor’s error and specified it by not implementing his obligation and granting the creditor the right to use the means of forced execution towards him. As for the creditor’s error towards his debtor, it was not explicitly regulated, but rather was implicitly limited to some explicit texts. Jurisprudence and the judiciary differed in the interpretation of these texts, and what is the extent of the creditor's responsibility towards a civil matter, which made these contracts in vain.  Where, in this research, we have explained the concept of the creditor's error and how it works if its conditions are met, as well as the most important effects of the creditor's error, whether for the debtor or the creditor