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Explanation of Article 95

Explanation of Article 95

This article addresses the statement of "the effects of contracting on the work of others," which are: the consequences that result from a contract made on the work of others. The article stipulates that the effects of contracting on the work of others include:

  • First: "The right of others to demand the work," which means: that others have the right to demand the work that the contractor has committed to, and the contractor may not withdraw from this work except with the consent of others.

  • Second: "The contractor's right to withdraw from the contract," which means: that the contractor has the right to withdraw from the contract he made on the work of others, provided that others have not accepted this contract. In this case, the contractor may withdraw from the contract without any legal effect.

It should be noted that this provision applies to all types of contracts, whether they are contracts of exchange or donation contracts, and whether they are consensual or formal contracts.

This article is considered one of the most important articles related to the effects of contracting on the work of others, as it protects the rights of others and provides them with the opportunity to demand the work that the contractor has committed to.

Article 95

  1. A contract shall be implemented as per its provisions and in a manner consistent with good faith practices.

  2. A contract shall be binding on a contracting party not only in terms of its provisions, but also in relation to other requirements as prescribed by legal provisions, custom, and the nature of the contract.