Enforcement of the contract
Enforcement of the contract
The ratification of the contract will apply to any type of contract that is normally arranged between the parties. And generally, one of the parties to the contract, in order to use the legal effects of the validity of the contract, resorts to a lawsuit to the other party in order to validate its ordinary document, because according to Article 1291 of the Civil Code, “ordinary documents are valid about the parties, their heirs and their successors:
- If the party against whom the document has been filed certifies its issuance by the attorney.
- “Whenever it is proved in court that the document was in fact signed or stamped by the party who denied or doubted it.”
The purpose of filing a contract enforcement lawsuit
People who intend to file a contract enforcement lawsuit usually go to the courts to achieve one of the following goals:
- Obtaining confirmation from the court regarding the validity and authenticity of the concluded contract.
- Validate the normal document to use its legal effects.
The necessity of obtaining a contract enforcement order in order to clarify the law in certain legal cases (mandatory cases of filing a contract enforcement lawsuit) which is as follows:
- Article 71 of the Direct Taxes Law approved in 1987 amended on February 16, 2002
- Note to Article 7 of the Urban Land Law approved in 1987
If you have any questions regarding the application for enforcement of the contract and the provisions related to it, or if you need guidance in drafting its provisions, our experienced consultants and lawyers at the Asia Lawyers Group will answer your questions.
