تعدي الغرض من العقد (دراسة مقارنة)

Infringement the Purpose of the Contract (A Comparative Study)

The transgression of the purpose of the contract has become a fertile field
for him in concluding contracts, so the contracting parties often resort to
agreeing to transgress the purpose of the contract in concluding contracts
and the widespread distress of it, but the legislator did not devote him to a
legislative organization, so the aim of the research was to find out the most
important effects and legal provisions that which results from violating the
purpose of the contract in jurisprudence, judiciary and legislation, and we
have adopted the comparative analytical approach in its preparation, so we
have adopted the analytical method for a number of legal texts contained in
Arab civil laws, especially Iraqi, Jordanian and Egyptian civil law and
French civil law from foreign laws to find out what the subject is and devise
the standards that we adopted it in explaining the legal consequences of
infringing the purpose of the contract.
Then we presented the opinion of the jurisprudence in cases not
stipulated by the comparative laws in question, examining the
considerations on which each trend relied in explaining the enforcement
that this entails, and we explained the judiciary’s position on the
applications of infringing the purpose of the contract and the consequences
that result from that despite the difficulty in obtaining the decisions that
related to the subject, indicating to the basis that the courts depending on it
to make these decisions.
At the end of the research, the research showed the most important
consequences of transgressing the purpose of the contract, which represents
B
a matter of great importance, as it entails addressing the effects on which
there is no text in the comparative civil laws in question. Where we are not
biased to a specific jurisprudential opinion, rather we have dealt with a
statement of the advantages and disadvantages of each of them, indicating
the prior right of the contracting parties to know the legal implications of
infringing the purpose of the contract. The study concluded by
recommending legislative regulation from civil laws regarding the issue of
infringing the purpose of the contract because of its importance in the field
of contracting at the present time.
Keywords: Infringement, The purpose Contract, The contracting parties,
Provisions, Utility nodal, Willful infringement, Unintentional
infringement