Moral Obsolescence between the Idea of Stabilizing Legal Centers and the Presumption of Assumption of Fulfillment: A Comparative Study

Al-Arian, Muhammed Ali Al-Arian

doi:10.21608/bfda.2019.68089

Moral Obsolescence between the Idea of Stabilizing Legal Centers and the Presumption of Assumption of Fulfillment: A Comparative Study

Author

Muhammed Ali Al-Arian Al-Arian

Lecturer at the Faculty of Law

10.21608/bfda.2019.68089

Abstract

This research revolves around a topic of the «Commercial limitation between the idea of the stability of legal centers and the presumption of the assumption of repayment » in which the question was raised about the true basis of Commercial limitation, the idea of the stability of legal centers or the two together? The research concluded that the data of legal art and the requirements of legal work refuse to be based on the presumption of the assumption of absolute repayment because it is not in many cases compatible with reality, as the debtor may adhere to the statute of limitations despite the fact that he has not fulfilled the debt. However, this is not an impediment to invoking statute of limitations. In addition, this presumption - by force of its existence - is an irrefutable presumption, and the legislator has not expressly provided it as the basis for statutory limitation, let alone that the Civil Code Civil law expressly provides for the debtor to be treated with a natural obligation despite his discharge from religion over time. Nor can one rely on the opinion that the statute of limitations is based on the presumption of discharge by the creditor, Because this is contrary to the rule that decides to "get off the right is not supposed" as well as that the facts may overturn the presumption of discharge in many cases. Indeed, considerations of public interest and public order justify the statute of limitations and require respect for and stability of stable conditions. There is no doubt that the protection of the stable situation would not enable the creditor to claim debt owed by the debtor for a long period of time, in order to protect the debtor and its successors from demanding long-term debts for which the debtor may be indemnified without retaining a bond The deduction is due to his leniency or lack of care. However, in some cases, the statute may limit the statute of limitations to the presumption alone; then it does not allow the statute of limitations to be invoked if the debtor loses what is presumed if a judgment is made by the debtor or by the debtor in a separate document confirming the renewal of the debt.

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