WHAT IS THE DIFFERENCE BETWEEN ANNULMENT AND DISSOLUTION AND DISSOLUTION?

Many of the problems that occur between the contracting parties as a result of the failure of one of the contracting parties to implement its commitment to the terms and conditions in the contracts binding on both sides, with one of them ready to implement the terms of the contract, which in turn leads to falling into practical life to “annulment”, which is one of the most vital topics in civil law And because of which the courtrooms are crowded with such cases. But many contractors, and sometimes specialists, fail to differentiate between annulment, dissolution, and dissolution in the law, and what may be judicial and may be consensual. Then, knowing the consequences for each of them represented in the demise of the contractual bond between the contracting parties, that is, the return of the contracting parties to the state they were in before the contract.   Decay (for stagnation):   It is for the two parties to the contract to agree to cancel it and thus absolve themselves of the obligations arising from it.   In a more precise sense, “dispute” is one of the means of dissolving a valid contract binding on both sides, and it occurs only by the agreement of the two contracting parties to break free from the mutual obligations arranged by the contract to be resolved. A means of dissolution of the contract and about determining the nature of this agreement.   As for the blowout:   The principle is that rescission is only judicial, except that the contracting parties may organize the rescission in the contract in the event that one of the contracting parties breaches his obligations. on its own without the need for a judicial ruling in the event of non-fulfilment of the obligations arising from it.”   Annulment:   It is the termination of the contractual bond at the request of one of the contracting parties if one of them breaches his obligations. Rescission is one of the penalties for non-implementation, as the tenant’s refusal to pay the rent gives the lessor the right to demand the termination of the contract due to the tenant’s breach of his obligations.   The types of annulment are:   1- Judicial dissolution:   It assumes that the contract has not explicitly provided for the termination, and therefore the injured party resorts to the implementation of the contract to the judiciary in order to compel the other party to implement the obligation or rescind the contract as it deems fit   2- Agreement termination:   It assumes that there is an agreement between the two parties to consider the contract rescinded on its own without the need for a judicial ruling when the obligations arising from it are not fulfilled, and this agreement does not exempt from excuses unless the contracting parties expressly agree to be exempted from it. The contract is considered rescinded on its own as soon as the violation is realized without the need to resort to the judiciary, but resort to the judiciary in order to obtain a judgment declaring the termination. An example of this condition is that it states in the contract “The two parties to the contract agree that in the event that one of the parties to the contract breaches its obligations set forth In the contract, the contract is considered rescinded on its own without the need for warning, excuses, or any other legal procedures.   3- Legal termination:   It is in contracts binding on both sides, if an obligation expires due to the impossibility of its implementation, the corresponding obligations lapse with it and the contract is terminated on its own, and this is known as the impossibility of implementation as the contract becomes impossible to implement, whether for reasons due to the contracting parties or for reasons in the subject of the contract, and here the contract is considered to have been strongly canceled Law.   And to differentiate between the types of annulment is that judicial annulment requires obtaining a judgment from the judiciary for annulment, and annulment is not a condition of the contract.   As for the effects of annulment, it is the return of the contracting parties to what they were before the contract, and if that is impossible, a judgment may be issued for compensation against the party in breach of his obligation.   Annulment procedures:   The mere fulfillment of the terms of the agreement’s termination does not make the contract rescinded. Rather, the contracting party must, after the fulfillment of the conditions, insist on the termination of the contract, take legal measures to dissolve the contractual bond, which is represented in the debtor’s excuses, the creditor’s declaration of his adherence to the termination of the contract, and the creditor’s adherence to the explicit rescinding condition without abuse.   The bottom line:   Dissolution is by virtue of law, dissolution is by force of law, and dissolution is an agreement between the two parties to terminate their obligations.