The principle of overturning postulates in civil law: Comparative study

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Dr. Malak Abdul Latif Al-Tamimi


The basic rules of law are generally abstract and binding and coupled with a penalty imposed by the public authority on its violators. However, what if that rule does not achieve what is desired because of the rigidity of the text in the face of the technical development and economic openness? In this case, measures are taken to mitigate this deviation in the function of the legal base, including the principle of overturning postulates in civil law. This principle means overturning a situation that has stabilized in legal transactions and judicial surveys and reassuring people of their existence in their dealings because of a realistic need for them.

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