Legislative Exceptions on Civil Responsibility Provisions


These legislative exceptions on civil responsibility provisions are considered a legal stratagem. The term legal stratagem will be used in this article to refer the legislative exceptions on the civil responsibility provisions. The present article is based on the scientific observation of a number of legal theories and their provisions which I believe they are nothing, but a stratagem created by legal regulation violating another legal provisions such as civil responsibility provisions or the binding force of the contract without being provided as an exception over the principle. The concept of stratagem that I am going to discuss is different from fraud, and it does not breach the principle of bad faith. It represents a legal rule that stands by itself, but its provisions break legal principles without being considered an exception to public principle. I found that legal stratagem is a result of legal heritage and a backlog of legal work over all the stages of human life. Before humanity reached the legislation as a source of rule of law, there were various sources and different stages of life in time and place, such as custom and others.
Bashar Adnan Mustafa-Malkawi
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