Between mutual and independent charges

In mutual charges One party’s obligation to the agreement depends on the other party also fulfilling their obligation.

Therefore, it is clear that if one party did not keep his obligations, then the other party is also exempt.
But if the obligations of the parties to the contract are independent, then the duty of each party to comply with the provisions of the contract is an independent and separate obligation.
And even if the other party does not meet his obligations, this does not necessarily lead to the conclusion that he too is exempt from his obligations under the contract.

There may be contingent charges between the parties to the contract, also known as interconnected charges or simultaneous charges. Mutual liability, by way of negation, is a liability that is not independent. Mutual charges should be made by both parties at once.

The Contracts Law defines the principle of parallel charges, but the law does not specify which provisions of the law are indeed parallel and which are not.
Hence, each and everyone, whether as a tenant or as a landlord, must examine each and every charge in the tenancy agreement and the tenancy law and understand and decide whether it is a parallel charge or not.

In the Contracts Law (General Part stipulated) in section 43 in this matter: “(a) the date for the existence of a debt is deferred … (3) if the parties must fulfill their obligations at the same time as long as the creditor is not willing to fulfill the obligation imposed on him.”

It is also stipulated in section 61 (b) that: “The provisions of this law shall apply, insofar as it is appropriate in the matter of the obligatory changes, also to legal actions that are not in the nature of a contract and to charges that do not derive from a contract.”

In other matters, there are explicit provisions of the law in this matter.
Thus, the Sale Law stipulates that the seller’s obligation to deliver the sale and the buyer’s obligation to pay for the sale are parallel charges.

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