التراخي في الخيار وأثره على العقد (دراسة مقارنة بالفقه الإسلامي)

Laxity in the option and its impact on the contract (A comparative study of Islamic jurisprudence)

Laxity is a jurisprudential term, originally attributed to Muslim jurists. It is a means by which one of the contracting parties can obtain a period of time to slow down and think about the matters of the contract before proceeding to
conclude it permanently. The primary goal of slackness is to protect the contracting party from his haste in concluding the contract and not doing so again. He may fall victim to fraud and deception, and haste may cause him to suffer huge losses that are difficult to recover from. Therefore, laxity is permissible.
Despite the importance of laxity, it is not mentioned in most civil legislation as it is a strange and unknown term. However, the Yemeni legislator has mentioned it in some of the texts scattered in its text, given that the Yemeni legislator has borrowed most of its texts from Islamic law, unlike the Iraqi legislator and the Egyptian legislator. Despite Their reliance on Islamic law as a source, but we found that the texts did not mention it. There is another legislator who stipulated this term, but under another name, which is the French legislator, where he referred to the term deliberation in amending his latest law, through which he explained its importance, as well as its controls and the appropriate time limit for practicing it. Rather, we find that The French legislator considered it a protective mechanism for the contractor, so he sees that it is part of the public order and that violating it requires compensating the other contractor for the losses he incurs. Therefore, we see that the French legislator was correct in regulating the idea of prudence, but what is criticized for is that he made this idea only before concluding the contract and after its conclusion there. What is called the withdrawal period, but we see that the period of deliberation prevails in the contract, whether before conclusion or after conclusion, because the contractor needs it in all stages of the contract. Therefore, our calls were to the Iraqi legislator to regulate this idea, as the French legislator did, and to make it keep pace with the developments that have occurred recently, which The contractor’s deadlines require a period of thought and contemplation about the matter of the contract before proceeding with it and concluding it finally.
Laxity is mainly located in the choices, and that is why we found that it has effects that may be its origin. This is in the voluntary choices, which are represented by the option (condition and appointment), and they may be revealing, as in the judgmental options, which are (returning the sold item for its defect, the council’s option, and also the vision option), and as long as the legislator does not It limits the options, as they are many and multiple, so we find that laxity may predominate in most of them. Not only that, but we find that laxity also occurs in legal actions that may be issued by a single will or issued by two wills, as in the right of pre-emption, and we find the interest of Yemeni jurists and legislators in this right and the laxity that it generates. impact on this right.