Commitment to inquiry for the sake on informing (Acomparative study)
DOI:
https://doi.org/10.71219/Keywords:
Commitment to inquiry, obligation to inform, debtor. professional creditor, Ignorance, unforgivable mistake.Abstract
Judicial jurisprudence and jurisprudential attempts did not succeed in moving the concept of the obligation to inquire to the position of recognizing it as an independent legal obligation - similar to some other legal obligations - most notably the obligation to inform, which recently received legislative attention and resulted in one of the amendments that affected some statutory legislation, although the organization and all its aspects was addressed, in organizing it, it neglected to dedicate its commitment to inquiry.
The obligation to inquire is the main driver of the obligation to inform, and fulfilling it plays a prominent role in the latter’s success in performing its assigned job, which is bridging the gap between the contracting parties by enlightening the will of the contractor, the weak party to the contract, especially when the contract is concluded between a debtor (a specialized professional) and a creditor ( ignorant). The obligation to inquire has remained the focus of jurisprudence and judiciary, which have always required each party to a contract to exercise caution and be attentive to its contractual matters, and not to expect the other party to protect its own interests
That is, if he failed to carry out his commitment to the inquiry as mentioned, he committed an unforgivable mistake, justified himself to blame, and was robbed of the possibility of revocation, So that he would no longer be considered abusive in using his right .