Cycle of study: ماستەر Master Title (in original language): "نظرية الدور في العقود المدنية: كفكرة لتجسيد نظرية الدور الاجتماعي في القانون (دراسة تحليلية مقارنة)" Thesis\Dissertation Language: عربی Arabic Author(s): شيلان محمد على Supervisor(s): أ.م.د. تحسين حمد سمايل University: Soran University Faculty: فاکەڵتی یاسا، زانستە سیاسییەکان، و بەڕێوەبردن Faculty of Law, Political Science, and Management Department: قانون Field of study: قانون الخاص Year of completion: 2020 Download full text:  Keywords in Kurdish: Unavailable Abstract in Kurdish: Unavailable Keywords in Arabic: Unavailable Abstract in Arabic: Unavailable Keywords in English: Unavailable Abstract in English: "The role theory is one of the most prominent social theories related to social upbringing, and therefore it is in terms of the origin of the theories that were used in the field of sociology, but there is nothing preventing the use of this theory as an idea to embody social theory in the field of law, specifically in the scope of civil contracts And, in order to explain the behavior of the judge when considering civil disputes, or the parties to the contractual relationship, for the purpose of achieving contractual justice - represented in contractual balance - and legal stability. This theory, even if it is possible to use and employ within the scope of civil contracts, has not escaped from the problems of employing it, as it faces several problems that this study tries to highlight and provide legal solutions to, and from these problems, some of which are related to the parties to the contractual relationship and the implicit problem, including What relates to the judge’s role in hearing civil cases that are subject to civil contracts. Because the theory of the role in question has a close relationship in terms of origin in the social aspect, its embodiment in the scope of civil contracts requires the primacy of social interest, achieving a balance between the two interests, the public interest and the individual interest in the contractual relationship, by adapting the contract to give up absolute contractual freedom in terms of content as well as how much in terms of the binding force to it, and thus socializing that relationship while preserving the mutual benefit as a basis for that relationship. Finally, this study tries to put the role theory into practice, and practicing it in practice in all stages through which civil contracts pass, including those related to the stage of construction, implementation, or termination, in order to ascertain the legal feasibility of that theory, and the extent to which it can be employed in this field, and therefore Make an idea to embody a social theory in the field of civil contracts." |
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