Summery of the book

The General Theory of Obligations

 Part Two - Provisions of Obligation

" Des Effest De L'obligations "

-       A comparative study of Arab civil codes French civil code and Islamic        jurisprudence

-       No. Of pages of the book: 306

-       No. Of references in Arabic, English & French languages: 56

-       Fourth edition: 1997, Amman, Jordan

The book included four chapters according to the plan of Arab civil codes, which are the following:

Chapter One - Execution of the Obligation:

In this chapter, I addressed in detail the compulsory execution (by legal force), and the conditions and types of execution according to the object of obligation, referring to judicial applications, juristic opinions and to the penal condition & the guarantees for execution of the obligation.

Chapter Two - Qualities of the Obligation:

These are the condition & its types, the term (le term) & its types in the various civil codes and the judicial awards related thereto. Also, the numerous objects & numerous parties of the obligation.

Chapter Three - Transfer of the Obligation:

In this chapter, I addressed in detail the debt transfer (la cession de dette), the ways of its transfer and the effects resulting their form. I also addressed the personal and real guarantee, & then explained the credit transfer (le cession de creance), the assignable rights and unassignable rights, then the conditions & terms of the credit transfer in the various laws.

Chapter Four - Extinction of the obligation:

(Extinction des obligations):

The first of the ways followed in this respect in the fulfillment of the obligation, then the execution for a consideration, namely the fulfillment for a consideration (dation en patement), renewal (la navation), joint responsibility clearance (le compensation), (la confusion).

Finally, I explained in detail the extinction of the obligation without fulfillment & without what is equivalent to fulfillment through the ways of remission of debt (la remise de dette); & then the impossibility of execution (impossiblitè dèxecution), then the extinctive prescription (prescription extinctive).