Easy Civil Law Part Two Sources of Commitment

Tuesday March 23rd, 2021

The contract first: – the pillars of the contract 1- consent (Article 89 The contract is concluded as soon as two parties exchange the expression of identical wills, taking into account the specific conditions stipulated by law above that for the contract to be concluded. (Article (901) The expression of the will shall be verbal, in writing, and by reference traditionally used, as well as) It takes place by taking a position that the circumstances of the case leave no doubt about its indication of the truth of the intended. 2) The expression of the will may be implicit, if the law does not stipulate or (the two parties agree) that it be explicit.) Article 91) The expression of the will has its effect at the time it relates to it. With the knowledge of the person to whom it was directed, and the arrival of the expression is considered a presumption of knowledge of it unless evidence to the contrary is established. (Article 92) If the person from whom the expression of the will was issued dies or loses his capacity before the expression produces its effect, this does not prevent the consequence of this effect when the expression communicates. With the knowledge of the person to whom it was directed, this did not indicate the opposite of the expression or the nature of the transaction. (Article (931) If a date is set for acceptance, the obligee is obligated to remain on his response until this expires). 2) The date may be deduced from the circumstances of the situation or from the nature of the transaction. (Article (941) if the offer was issued in the contract council, without specifying a fluid D) Acceptance, the offeror) degrades his offer if acceptance is not issued immediately. The same is the case if the offer was issued by one person to another by phone or by any similar method. 2) Nevertheless, the contract shall be concluded, even if the acceptance was not issued immediately, if there is no evidence that) that the offeror changed his offer in the period between the offer and acceptance and the acceptance was issued. Before the contract council is dissolved. (Article 95 If the two parties have agreed on all the essential issues in the contract, and they keep detailed matters that they later agree upon and do not stipulate that the contract is not concluded when there is no agreement on them, then the court shall rule on them in accordance with the nature of the transaction and the provisions of law, custom and justice.) Article (96) The acceptance is accompanied by something more in the offer, limited or modified, it is considered a refusal that includes a new offer. (Article 971) The contract between the absentees shall be deemed to have taken place in the place and at the time in which it is known) the obligatory acceptance, unless there is an agreement or a legal text requiring otherwise. 2) It is assumed that the offeror knew of the acceptance at the place and at the time he arrived at) in which such acceptance (Article 981) if the nature of the transaction, commercial custom, or other circumstances indicates) that the offeror was not waiting for a declaration of acceptance. If the offer is not rejected, the contract is deemed to have been concluded At an appropriate time. 2) Silence on the response is considered an acceptance. If there was a previous dealings between the contracting parties (and the offer related to this deal, or if the offer resulted in the benefit of the one to whom it was directed.) Article 99 (The contract shall not be concluded in the auctions except with the award of the auction. The bid shall be forfeited with a bid greater than it, even if it is void.) Article 100: Acceptance in Contracts of Compliance (Article 1011) The agreement according to which both contracting parties or one of them promises to conclude a specific contract in the future will not be concluded unless all the essential issues of the contract to be concluded are specified, and the period during which it must be concluded. 2) If the law stipulates for the completion of the contract to fulfill a specific form, then this form must also be observed in the agreement that includes the promise to conclude this contract. (Article 102) If a person promised to conclude a contract and then charged and sued the other contractor requesting the fulfillment of the promise, and the conditions necessary for the completion of the contract, especially what were It relates to the form that is available, the judgment is established when it acquires the power of the decided thing in place of the contract. (Article (1031) Paying the deposit at the time of concluding the contract indicates that each of the contracting parties has the right to withdraw) from it, unless the agreement stipulates otherwise. The deposit, he lost it, and if he changed his hold, R. D) His weakness is this even if) the retraction did not result in any harm Article 1041) If the contract is made through the prosecution, the person of the representative and not the person of the principal is the subject of) consideration when considering the defects of the will or the effect of knowledge of some special circumstances, or inevitably assuming knowledge. That is, if the representative is an agent and acts in accordance with specific instructions issued to him by his client, then the principal does not have the right to cling to the ignorance of the deputy due to circumstances that he was aware of, or he was definitely supposed to know. Article 105 If the attorney entered into a contract within the limits of his representation in the name of the principal, then what arises from this contract from Article 106 If the contractor did not announce at the time of the conclusion of the contract that he was contracting in his capacity as a representative, then the effect of the contract is not added to the principal as a creditor or debtor, unless it is definitely assumed that the person who contracted with him is aware of the presence of the prosecution, or he is level with him to deal with Article 107 If the representative and whoever contracted with him were both ignorant at the time of the contract the expiry of the prosecution, then the effect of the contract he concludes, whether a right or an obligation, is added to the principal or his successors. Article 108 It is not permissible for a person to contract with himself in the name of his representative, whether the contract is for his account. Or for another person’s account without the original authorization. However, the principal may, in this case, authorize the contract. All this with consideration to what contradicts him, from what is imposed by the law or the rules of commerce. Article 109 Every person is qualified to contract unless his capacity is taken away or limited by the rule of law. Article 110 The undiscerning young person has no right to dispose of his money, and all his actions are null. Article 1111) If he is a boy. Distinguished if his financial actions are correct when they are beneficial (purely) and void when they are purely harmful and harmful. 2) As for financial dispositions between benefit and harm, they are subject to revocation) in the interest of the minor, and the right to adhere to nullification lapses if the minor permits the act after reaching the age of adulthood, or if Article 112: If the discerning boy reaches eighteen years of age and is authorized to receive his money for administration, or to receive it according to the rule of law, the administration’s actions issued by him are valid within the limits set by law. Article 113 The insane, the insane and the neglectful The fools are quarantined by the court, and the quarantine is lifted from them, in accordance with the established rules and procedures