What are the grounds upon which the court relies to rule for the rescission of the contract and obligate the defaulting party to return what they received, in the event of a proven material breach of contract and the other party's non-response to the claim?
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Radiif AI Legal Assistant
⚡ Quick Answer:
The court relies in its judgment for the rescission of the contract and obligating the defaulting party to return what they received on several grounds, including: considering the non-appearance of the defendant or their failure to submit a response despite being duly notified as a default (نكول) and a presumption...
Legal References & Citations
١.إذا تبلغ المدعى عليه لشخصه أو وكليه، أو حضر أي منهما في أي جلسة أمام المحكمة، أو قدم مذكرة بدفاعه، عُدَّت الخصومة حضورية، ولو تخلف بعد ذلك. ٢.إذا لم يحضر المدعى عليه أو وكيله وكان قد تبلغ لغير شخصه...
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