إعادة الحال في القانون المدني (( دراسة مقارنة))

Restore the situation in civil law " A comparative study "

Abstract

People enter into society into many different legal relationships, sometimes through legal actions and other times through legal events, and as a result of these relationships they arrange certain legal positions, but it may happen that the civil law stipulates that these people be returned to the state they were in before entering into those relationships. Legal.
The stipulation of this is due to many reasons. Either because the legal transaction concluded between people expires due to one of the reasons for termination, such as rescission or invalidity, the situation is returned to what it was before the disposal was concluded, or vice versa, it may happen that the transaction expires due to one of the reasons for termination, then it becomes clear that that reason is invalid, so the situation is returned to Before expiration (i.e. until the time of conclusion), Or there may have been an illegal legal incident that occurred and the law required restoration of the situation as a form of compensation. Among all these different legal applications in which restoration plays an important and fundamental role in the legal relations between people in society, we find that there are legal situations that stood in the way. Without achieving the restoration of the situation between people, this is based on many legal principles, including good faith and stability of financial transactions.
The difference and variation in the applications of restoration of status prompted jurists to address these applications separately, such as compensation in kind and retroactive effect, which resulted in presenting restoration of status with different concepts that are not similar to each other. On the other hand, we find that there are legal conditions that stand in the way of achieving this. Return to the conflict of interests of the parties to the legal relationship and third parties whose interests are affected by the restoration of the situation, Therefore, it was necessary to research this topic in order to come up with an integrated legal study that provides a general and comprehensive concept of the entire topic in terms of explaining its definition in a comprehensive and comprehensive manner, the characteristics that characterize it, what distinguishes it from other legal situations that are close to its idea, what may constitute an exception to it, and what may entail a re-examination. The situation is based on legal provisions.