Substantive scope of contract fragmentation

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Riyam Abbas Ali, Baydaa KadhimFaraj

Abstract

Persons with capacity take from the contract an effective legal means in their financial
transactions that fall within the scope of civil law, and each of these contracts has its
own unit, in terms of its origin and the effects that are supposed to be implemented to
reach the end desired by each of the parties to the contract, relying on it in the planned
transactions Later, however, this unity is often destroyed by the demise of part of the
contract without its implementation and the survival of the other part, and the contract
is fragmented. It may be more useful for the contracting parties to extract what is left
of the contract intact, which is most of the cases, and this may not be, so the entire
contract must be terminated. The healthy part will be removed according to the
defective part.

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