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Relevant bibliographies by topics / Law of estoppel

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Academic literature on the topic 'Law of estoppel'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Law of estoppel"

1

Dawson, T. Brettel. "Estoppel and obligation: the modern role of estoppel by convention." Legal Studies 9, no. 1 (March 1989): 16–52. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00384.x.

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Even the casual observer of trends in estoppel jurisprudence may have noted that discussions of promissory estoppel have recently become less ubiquitous in reported decisions. What may have been less apparent, but of no less significance, is that during this period there has been an upsurge of interest in estoppel by convention as a basis for judicial action. Although this doctrine was once referred to as being ‘as old as the hills’, it had languished in judicial and academic obscurity for many years prior to current interest. More recently it has been hailed as ‘an essential arrow in the quiver of every commercial counsel’. This phenomenon has occurred against the backdrop of a proliferation of so-called ‘equitable’ and proprietary estoppels, and judicial and scholarly exasperation at the disorder into which estoppel issues generally appeared to have fallen.

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Roor, K. A. "The Concept and Essence of Estoppel." Actual Problems of Russian Law, no. 7 (July 1, 2018): 71–81. http://dx.doi.org/10.17803/1994-1471.2018.92.7.071-081.

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The article considers the issue of determining the legal nature of prohibition of changeable conduct committed for an unlawful purpose. The study is based on the analysis of civil law specific principles operation when estoppel is applied. The conclusion is drawn that the basis of estoppel lies in the operation of several principles of civil law, and the main principle is the principle of good faith. The rule of estoppel demonstrates the lack of consistency among civil law principles, when they are allowed to compete with each other. The article provides an overview of opinions with respect of estoppel definitions given in the Russian scientific literature. This is necessary to solve the problem of implementing rules concerning estoppel in the Russian legal system, since the law-maker has followed the path of enshrining certain kinds of estoppels in the legislation rather than formulating a universal rule that prohibits inconsistent and evasive behavior in the Civil Code of the RF. The author proposed an independent definition of estoppel as a universal category.

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Dixon, Martin. "ESTOPPEL, UNCONSCIONABILITY AND FORMALITIES IN LAND LAW." Cambridge Law Journal 59, no. 3 (November 16, 2000): 421–71. http://dx.doi.org/10.1017/s0008197300310200.

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KEN Holt was a wealthy farmer in Lincolnshire. In 1952 he befriended Geoffrey Gillett and then persuaded the young man to work on the farm instead of continuing at school. For nearly 40 years, Gillett was Holt’s right arm, a relationship that did not falter when Gillett married. Over these years, when Gillett managed the farm and eventually entered into partnership with Holt, Holt repeatedly promised that Gillett would be the principal beneficiary of his will. These were no idle boasts, but were repeated often, in public, and were given effect in several versions of Holt’s will. In 1992, Holt formed a friendship with Mr Wood (a trainee solicitor), the result of which was the eventual breakdown of his relations with the Gillett family and their exclusion from his will. In Gillett v. Holt [2000] 3 W.L.R 815 Geoffrey Gillett asserted that Holt was estopped from changing his will so as to deny Gillett his expected legacy. As we might think, a simple case of proprietary estoppel based on assurance, reliance and detriment. However, Carnwath J. at first instance thought otherwise and rejected estoppel because first, Gillett could not establish that Holt had made an irrevocable promise not to change his will (and everyone knows that wills may be changed), and secondly, Gillett had suffered no detriment.

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Chereshneva, Irina. "Estoppel in Russia: to articulation of the problem." Право и политика, no. 9 (September 2020): 81–89. http://dx.doi.org/10.7256/2454-0706.2020.9.33913.

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Due to continuing interest of legal community to the problematic of preventing contradictory behavior or in the Anglo-American legal tradition – estoppel, the subject of this research is an attempt of determination of legal nature of the so-called norms of the Civil Code of the Russian Federation on estoppel. The selected topic is relevant due to the fact that there is no unanimity of opinions regarding the nature of estoppel; it is viewed as interdisciplinary principle, doctrine, institution of law, sanction for violation of the principle of good faith, one of the manifestations of the principle of good faith, legal mechanisms etc. An attempt is made to view estoppel from different perspectives: through the prism of the English promissory stopper, from the position of continental maxim “venire contra factum proprium", in relation with the principle of good faith. The conclusion is made that the so-called norms on estoppel in the Civil Code of the Russian Federation represent a special case of the doctrine of noncontradictory behavior, known to the continental legal order through the maxim “venire contra factum proprium", which is a manifestation of the principle of good faith. Based on this fact, it is inappropriate to designate the aforementioned norms as estoppel, since even in Anglo-American tradition, the variety of estoppels does not allow considering it a universal principle, and understanding of estoppel thereof does not correspond with its Russian interpretation. Moreover, being a part of Romano-Germanic legal family, there is no need for the Russian legal order to borrow foreign legal phenomena, especially when the evolution of similar legal constructs can be traced in the fold of continental system of law, which Russia belongs to.

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Halliwell, Margaret. "Estoppel: unconscionability as a cause of action." Legal Studies 14, no. 1 (March 1994): 15–34. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00563.x.

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The current distinctions between different forms of estoppel are inappropriate and traditional orthodoxy is being challenged by judges and by academics. It is now necessary to recognise that the organising concept for the doctrine of estoppel is unconscionability because the function of estoppel is to restrain injustice arising from unconscionable conduct. The form ofestoppel, known as promissory estoppel, and stemming from the decision in Central London Property Ltd u High Trees House Ltd, is not triggered by the organising concept of unconscionability. It should be regarded, therefore, as an exceptional contractual response, in various situations, to the requirement of consideration. It follows that, in principle, estoppel based upon the concept of unconscionability, may be employed as an independent cause of action. There is ample evidence that this already happens in the context of claims concerning land. This article seeks to demonstrate that estoppel can and should be treated as an independent cause of action in a more general context.

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Long, Tran Thang. "The Application of Estoppel in International Law and Experiences for Vietnam." Vietnamese Journal of Legal Sciences 1, no. 1 (June 1, 2020): 89–114. http://dx.doi.org/10.2478/vjls-2020-0006.

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AbstractIn international relation, estoppel is a principle whereby a state is not able to say or act against what it said or did before. The theory of estoppel was originated in the past from the English law system, which was later incorporated into international law. Its main purpose is to prevent a State from benefiting from its inconsistent attitudes, and thus, causing damage to another State. Therefore, estoppel must meet the main conditions. First, the expression of the said State leads to the assumption of the estoppel must be clear and non-ambiguous. Second, this expression must be expressed voluntarily, unconditionally and must be well authorized. Third, there must be a goodwill trust from another State into the expression of a State giving that expression, resulting in damage to the State with this trust or to the benefit of the expressive side. The paper examines the principle of estoppel in international law and the practice of applying this principle in cases tried at the International Court of Justice. On that basis, the paper discusses explaining the factors that constitute an estoppel situation for Vietnam in order to reject the China’s wrong interpretation of the 1958 Diplomatic Note of the late Prime Minister Pham Van Dong.

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Bright, Susan, and Ben McFarlane. "PROPRIETARY ESTOPPEL AND PROPERTY RIGHTS." Cambridge Law Journal 64, no. 2 (July 7, 2005): 449–80. http://dx.doi.org/10.1017/s0008197305006926.

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THIS article focuses on a particular aspect of the operation of proprietary estoppel: it asks when a proprietary estoppel claim will give rise to a property right. The inquiry proceeds on the linked assumptions that proprietary estoppel is a means of acquiring rights and that rights thereby arising take effect immediately, without the need for any court order. Like any other means of acquiring rights, proprietary estoppel can give rise either to personal rights or to property rights: in some cases the estoppel claimant is acknowledged to have a personal right (e.g. to damages or a licence to use land); in others a property right (e.g. a lien; an easement; a lease; or a freehold). The central argument of this article is that proprietary estoppel should give rise to a property right only if that is necessary to protect the claimant’s reasonable reliance. Where a personal right gives sufficient protection that will have to do, whatever the claimant may have been promised or expected; this may well mean that the circumstances in which a property right arises are more narrow than has been thought.

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Magomedova, M. A., and Sh A. Khizriev. "THE PRINCIPLE OF ESTOPPEL IN THE ARBITRATION (ARBITRATION)." Law Нerald of Dagestan State University 35, no. 3 (2020): 117–20. http://dx.doi.org/10.21779/2224-0241-2020-35-3-117-120.

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The article is devoted to the institution of estoppel, which is new for Russian law. Based on the analysis of the opinions of scientists regarding the legal nature of estoppel and its definitions, the author comes to the conclusion that the estoppelеin arbitration (arbitration) is a principle of law that guarantees the fair procedural behavior of the parties to the arbitration. The article analyzes the norms of the federal law on arbitration, which contain the rules of estoppel, which made it possible to define estoppel in arbitration proceedings and classify it into types.

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Klimchuk, Dennis. "State Estoppel." Law and Philosophy 39, no. 3 (March 18, 2020): 297–323. http://dx.doi.org/10.1007/s10982-019-09372-4.

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Dixon, Martin. "Confining and defining proprietary estoppel: the role of unconscionability." Legal Studies 30, no. 3 (September 2010): 408–20. http://dx.doi.org/10.1111/j.1748-121x.2010.00162.x.

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The use of proprietary estoppel to make or support claims to property is now common. Case-law tells us that the concept of unconscionability is central to a successful claim, but little guidance is provided as to what ‘unconscionability’ means or how it is to be established. It is often assumed rather than explained. This paper argues that unconscionability in fact has a reasonably clear meaning within the law of proprietary estoppel and that it can be used to define and confine proprietary estoppel within reasonably clear boundaries. It seeks to explain that proprietary estoppel is at heart an antidote to a lack of required formality in the creation or transfer of property rights and, consequently, that the proper meaning of unconscionability is linked to these formality requirements. Unconscionability is therefore not a cover for unregulated judicial discretion, nor a loose term to describe a general sense of unfairness, but a concept which can be used to discriminate objectively between valid and invalid estoppel claims.

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Dissertations / Theses on the topic "Law of estoppel"

1

Brown, Paul Martin. "Estoppel by representation in administrative law." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.314979.

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Spence, Michael. "Australian estoppel and the protection of reliance." Thesis, University of Oxford, 1995. https://ora.ox.ac.uk/objects/uuid:bcf8b590-1ff6-4b14-a830-32483621346e.

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This thesis focuses upon recent Australian developments in the law of estoppel. It provides a justification and basis in principle for the doctrine of estoppel described in cases such as Waltons Stores (Interstate) Ltd v Maher (1987-1988) 164 C.L.R. 387 and Commonwealth of Australia v Verwayen (1990) 170 C.L.R. 394. This basis is found in the principle that we ought all to take reasonable steps to ensure the reliability of the assumptions that we induce in others. Ensuring the "reliability" of an induced assumption means ensuring that a party who relies upon the assumption does not thereby suffer harm: harm in the sense that he is worse off because the assumption has proved unjustified than he would have been had it never been induced. The thesis suggests a pattern for the development of the Australian law of estoppel reflecting that basis in principle. It further demonstrates the potential usefulness of the doctrine with specific reference to (i) pre-contractual negotiations and letters of intent, (ii) firm offers to contract, (iii) variations of contract unsupported by consideration, and (iv) the "battle of forms".

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Hamilton, Neil James. "The impact of equitable estoppel on rights in land." Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.293585.

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Key, Paul Anthony. "The role of equitable estoppel in the law of restitution." Thesis, University of Cambridge, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.309016.

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Du, Toit Genevieve. "Estoppel and Substantive Legitimate Expectation in South African Tax Law." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4598.

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The purpose of this dissertation is to explore the legal avenues that may be open to taxpayers for holding the South African Revenue Services ('SARS') to the representations which it makes to the public in the form of general statements and specific rulings or directives. These avenues lie in two areas of law, namely the doctrine of estoppel as it has been developed in a public law context, and (potentially) the realm of so-called substantive legitimate expectation.

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Giermann, Heiko A. "The evidentiary value of Bills of Lading and Estoppel : a comparative study." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20532.

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This comparative thesis addresses the evidentiary value of bills of lading and estoppel under the Hague and Hague/Visby Rules, the law in the United Kingdom and the United States. After an analysis of the travaux prepraratoires of the Hague and Hague/Visby Rules, and a comparison with the Hamburg Rules, the thesis focuses on the English common law and the relevant statutory provisions. The thesis advocates a new, alternative approach in order to overcome the current interpretive problems with the application of the common law doctrine of estoppel. The analysed provisions are those of the Carriage of Goods by Sea Act, 1971 (U.K.), an enactment of the Hague/Visby Rules, the Carriage of Goods by Sea Act, 1992 (U.K.), the U.S. Carriage of Goods by Sea Act, 1936, an enactment of the Hague Rules, and the U.S. Federal Bills of Lading Act, 1994. Further reference will be made to the relevant provisions of the Carriage of Goods by Sea Act, 1924 (U.K.) (repealed), the Bills of Lading Act, 1855 (U.K.) (repealed), and the U.S. Federal Bills of Lading Act, 1916 (Pomerene Act), re-enacted as the U.S. Federal Bills of Lading Act, 1994. The thesis concludes with an outline of the evidentiary value of bills of lading in the age of electronic data interchange (EDI).

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Miliukas, Eugenijus. "Sutarties sąlygų pakeitimas šalių konkliudentiniais veiksmais - Estoppel taisyklė." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100224_105516-93408.

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Romėnų teisininkai aiškino, jog sutarčiai sudaryti vien šalių vidinės valios, noro nepakanka - vidinė valia, kol nėra išreikšta, negali sukelti teisinių padarinių, nes žmonės apie ją tiesiog nieko nežino. Kadangi šalys privalo aiškiai išreikšti savo valią sudarant sandorį, šiandien toks valios išreiškimas dažniausiai pasireiškia įtvirtinant ją sutartyse. Tačiau sudarius sutartį, neretai šalys atitinkamai veikia, ko pasėkoje siekia pakeisti savo sutartinių santykių turinį, to neįtvirtindami sutarties pagrindu. Todėl natūraliai kyla klausimas – ar toks valios išreiškimas (konkliudentiniais veiksmais) gali lemti tai, jog rašytinės sutarties nuostatos bus pakeistos? Būtent į šį klausimą ir mėginama atsakyti šiame darbe. Siekiant atsakyti į aukščiau įvardytą klausimą, darbe analizuojami sutarties formos reikalavimai nuo pat Romos teisės laikų. Pateikiamas šiandieninis reguliavimas dėl keliamų reikalavimų sutarties formai Anglosaksų ir Kontinentinės tradicijos šalyse, tai lėmusios priežastys ir ateities vizija pagal Troikos (CISG, Unidroit ir PECL principų) reguliavimą. Išsamiai atskleidžiami sutarties formos laisvės bei contrarius actus principai. Daugiausia dėmesio šiame darbe skiriama contrarius actus principo išimčiai, vadinamai Estoppel taisyklei Anglosaksų tisinėje tradicijoje, kurią yra perėmę dauguma Kontinentinės tradicijos šalių, o taip pat ir Troikos reguliavimas. Paskutiniame šio darbo skyriuje analizuojama Lietuvos teisėje įtvirtinta Estoppel taisyklė, kuri yra... [toliau žr. visą tekstą]
Rome lawyers annotated that only the will or desire of the parties to conclude a contract is not enough, until it is expressed bilateral. In other way the contract would be concluded because parties would not know each other will . Since parties must express their will unequivocal, today they will generally is expressed in written contracts. But sometimes parties after concluding a contract takes some kind of performance expecting that this action will change content of the contract, without amendments established in the contract. This situation brings to light a question – whether these actions can amend content of concluded contract? Exactly this question is observed in this work. With a view to answer above set question, author of this work researches requirements of contract form starting from ancient Rome regulation. Author also overlooks contract form requirements in common law and continental traditions law systems, named regulation reasons and the vision of the future in accordance with the Troika (CISG, Unidroit and PECL principles). Disclosed in details principles of freedom of the contract form and contractus actus. The focus of this work is granted exceptionally about contrarius actus principle exemption which is known as Estoppel rule in common law tradition system, which is also detected in continental tradition law system and Troika. The last chapter of this work analyzes the Estoppel rule in Lithuanian law system and how it is successfully applied in... [to full text]

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MacMahon, Paul. "Reliance in morality and law." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669886.

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Sithole, David Akani. "Ostensible authority and estoppel in the law of agency in view of Makate v Vodacom." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77436.

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This dissertation examines the place of agency law in the South African context. The dissertation is premised on the idea that the principles governing agency, such as binding the principal for the conduct of her agent, are derived from English law. With that starting point, the paper examines the English law, in order to place the South African law of agency in context. The dissertation is not a comparative study and the discussion of English law of agency is limited to providing context to the development of agency law in South Africa. The dissertation further discusses the differences between the principles of estoppel and ostensible authority. The theoretical basis for agency and its practical effects are examined. Both the majority and minority judgments of the court in Makate v Vodacom are discussed and the rationales thereof examined. The dissertation recommends the appropriate mechanism to be employed in holding the principal accountable without the need to evoke the traditional principles which have been proved problematic by the Makate case.
Mini Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM
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10

Davis, C. J. "The effects of estoppel, waiver and the doctrine of benefit and burden on property interests in land." Thesis, University of Nottingham, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.380963.

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Books on the topic "Law of estoppel"

1

Elizabeth, Cooke. The modern law of estoppel. Oxford: Oxford University Press, 2000.

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Field, C. D. C.D. Field's law relating to estoppel. 4th ed. Delhi: Delhi Law House, 2012.

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Rabie, P. J. The law of estoppel in South Africa. Durban: Butterworths, 1992.

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Bower, George Spencer. The law relating to estoppel by representation. 4th ed. London: LexisNexis Butterworths, 2004.

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C, Sonnekus J., ed. The law of estoppel in South Africa. 2nd ed. Durban: Butterworths, 2000.

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Awogu, F. Olisa. Estoppel and the law in Nigeria. Lagos: Nigerian Law Publications, 1990.

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Bower, George Spencer. The law relating to estoppel by representation : the original text. 4th ed. London: LexisNexis/Butterworths, 2003.

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Bigelow, Melville Madison. A treatise on the law of estoppel and its application in practice. Littleton, Colo: F.B. Rothman, 1991.

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Karim, Ghaly, ed. The law of waiver, variation, and estoppel. 3rd ed. Oxford: Oxford University Press, 2012.

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Kozłowski, Artur. Estoppel jako ogólna zasada prawa międzynarodowego. Wrocław: Wydawn. Uniwersytetu Wrocławskiego, 2000.

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Book chapters on the topic "Law of estoppel"

1

Kelly, Rebecca, and Emma Hatfield. "Proprietary estoppel." In Land Law, 445–74. New York, NY: Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315813738-16.

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Dixon, Martin. "Proprietary Estoppel." In Modern Land Law, 382–407. Eleventh edition. | Abingdon, Oxon : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351237345-10.

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Dixon, Martin. "Proprietary Estoppel." In Modern Land Law, 388–413. 12th edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003039808-10.

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Bray, Judith. "Proprietary estoppel." In Unlocking Land Law, 179–214. 6th edition. | Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Unlocking the law: Routledge, 2019. http://dx.doi.org/10.4324/9780203732885-7.

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Stroud, April. "Proprietary estoppel." In Making Sense of Land Law, 271–97. London: Macmillan Education UK, 2008. http://dx.doi.org/10.1007/978-1-137-28810-3_12.

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Spurr, Stephen J. "Collateral Estoppel." In The New Palgrave Dictionary of Economics and the Law, 289–92. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_59.

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Davys, Mark. "Implied trusts and proprietary estoppel." In Land Law, 300–320. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60928-1_17.

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Bevan, Chris. "8. Proprietary Estoppel." In Land Law, 300–332. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198840329.003.0008.

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The chapter explores the doctrine of proprietary estoppel—a means by which a person may acquire a proprietary interest in another’s land. If made out, a claim to proprietary estoppel allows for the informal creation and acquisition of rights in land. Rather than just being raised as defence against legal claims (as is the case for example in promissory estoppel), it is this that sets proprietary estoppel apart and represents its major point of distinction from other estoppels. This chapter considers the requirements for establishing an estoppel claim and the effect of an estoppel on third parties. You come to the law of proprietary estoppel at a time when it is has hit something of a fertile patch. With a bounty of case law, new decisions seemingly handed down almost monthly, proprietary estoppel is having its moment in the sun and remains one of the liveliest and most productive areas of land law today.

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Arvind, TT. "5. Non-contractual promises." In Contract Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198703471.003.0005.

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This chapter considers how promissory and proprietary estoppel intersects with the law of contract. Where an agreement is unenforceable at contract law because some legal prerequisite or formality has not been met, that role is played by the law of estoppel. The law of estoppel works by deeming a party to be legally prevented (‘estopped’) from going back on something she has in the past asserted, promised, or accepted. The effect of estoppel is to hold the person to that past assertion or promise, by preventing her from resiling from it. This chapter first examines the context of promissory estoppel before discussing its requirements and its effect, such as suspending rights and extinguishing debts. It then explains the requirements of proprietary estoppel, namely: there must be a promise or encouragement; the promise or encouragement must induce reasonable reliance; reliance must be detrimental; and unconscionability.

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Arvind, TT. "5. Non-contractual promises." In Contract Law, 114–36. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829263.003.0005.

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This chapter considers how promissory and proprietary estoppel intersects with the law of contract. Where an agreement is unenforceable at contract law because some legal prerequisite or formality has not been met, that role is played by the law of estoppel. The law of estoppel works by deeming a party to be legally prevented (‘estopped’) from going back on something she has in the past asserted, promised, or accepted. The effect of estoppel is to hold the person to that past assertion or promise, by preventing her from resiling from it. This chapter first examines the context of promissory estoppel before discussing its requirements and its effect, such as suspending rights and extinguishing debts. It then explains the requirements of proprietary estoppel, namely: there must be a promise or encouragement; the promise or encouragement must induce reasonable reliance; reliance must be detrimental; and unconscionability.

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Conference papers on the topic "Law of estoppel"

1

Namiq, Asos. "Base estoppel and its impact on modifying the binding force of the contract." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp213-221.

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The contract is the Sharia of the Contracting Party as a rule that does not govern the contract only upon formation, but also upon execution, since the terms of the contract are transformed, after its formation, into a law that imposes itself, and its sanctity cannot be violated. That is, when the contract is valid and enforceable, it must be executed according to what it contains and in accordance with good faith and trust between people, and this is called the principle of binding force of the contract. Whenever the contract is binding on both parties, one of the parties cannot be the only one to rescind or amend it. The mandatory limits of the contract are not limited to what the contracting parties have agreed only, but include all of its requirements in accordance with legislative and customary rules, and what justice requires, and what is imposed by the nature of the full-time obligation of the contract. When executing the contract, the extent of the debtor’s commitment to the contract is measured in the manner in which it is implemented, and his agreement with the requirements of the contract, that is, the closer the method of implementation is with the requirements of the contract, the debtor is considered on the right path in fulfillment, and the more the method of implementation is far from the requirements of the contract, the debtor is considered in breach of his contractual obligations. Since the debtor may deviate from the prescribed path in some cases due to the difficulty of implementing the obligation on the one hand, and the difficulty of harmonizing the circumstances and methods of implementation on the other hand, the law allowed the creditor to object to the debtor’s behavior whenever he saw it as different from the contract based on the binding force of the contract. But this right granted to the creditor is not an absolute right. Rather, it is restricted by his act or statement that revealed to the debtor the safety of his conduct in the implementation of the contract, meaning that despite the recognition of the right to object to the creditor, the creditor may be suspended by what was previously issued by him, i.e. closed The door of objection to it, and this is called the rule of judgment closure that we have chosen as the subject of our study. We deal with it by research and study to show the limits of this rule, and its impact on modifying the binding force of the contract, whether by making mandatory certain clauses in the contract or even creating new clauses, or by stripping a contractual obligation of its binding force.

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