علي حميد كاظم الشكري


The stability of the financial transactions

The interests of individuals are inconsistent in the financial transactions area that every party wants to achieve his own interest, the basic principle is that everyone takes all his rights without discrimination or preference for one over the other.

The principle is the source of the right-esteem, and the resulting rights of it and the obligations that come upon, while the exception is to weighting one over the other, weighting is often contrary to the origin, which leads to achieving the stabilization dominates do right.

The implications of the falsehood contract such as turning or diminution of the contract are to achieve stability and reduce the incidence of invalidity. The preference of one of the parties of the transaction over the other could mean a preference of stability on the other aspect.

The importance is that the stability of transactions is really and practically exists, but tainted by foggy.

We think that the importance of the subject clearly appears when the issue relates to conflict between two interests, so, which one do you weighting over the other? What is the standard of the weighting? What are the elements of this standard? And what if not working according this standard? Or what are the effects when not working according this standard?

We learn to follow the accuracy in Choosing, and the research topic should be influential in the life, this either to be legislative unstructured or accessible in terms of jurisprudence, or even not, still needs to clarification and interpretation, that the law has not been developed for just legal people.

There are two causes, the first affects the practical daily life, and the second is not tackled neither legally nor jurisprudentially. Besides, the stability is a social need i.e. the individual dealings are necessarily followed by providing safe environment like constancy of life and societies.

Thus, for what is mentioned about logic and legal causes which determine the selection of the stability of financial dealings as a topic, in spite of the difficulties that the specialists and our faculties already know. It is a heavy burden to write a research of unconsidered topic previously, the hardship starts with identifying then discussing the plan of the topic’s terms. This requires me to deeply investigate and search different and variant fields of public law generally, the private law specially, and the civil law particularly to set a draft of the suggested topic’s plan.

Specialists know that the right has its resources which are either natural or human made, in its two aspects, physical or legal acts. One can define the stability as “the right owner can keep his right whatever its resource is”, but the stability of dealings can be intentional according to the form.

The uneasiness of this paper is clear in the lack of special studies that can be considered as a help factor in setting the topic plan. Other than that, there are huge numbers of legal studies nowadays.

Searching a topic is a difficult when one does not have the form of the topic; it is like wandering in unpaved route, or heading towards the unknown. This difficulty must not hinder the researcher of his/ her aim, for the logical order and reason should guide him/ her towards the end.

The subjects terms are four as follows: the first is clarifying the definition of financial dealings stability. The second is tackling the legal and philosophical mainstream of financial dealings stability. The third is showing the factors of financial dealings stability. The fourth is outlining the aspects of financial dealings stability.