سلطة القاضي في إكمال العقد وفقا لطبيعة التعامل (دراسة مقارنه)

Abstract

The nature of the transaction, if it is associated with the contract, it acts and becomes an argument against the contracting parties, whether it is mentioned in the contract document or in the contract documents, and with the nature of the correct transaction, that is, the condition that does not contradict public order and public morals and expresses the common intention of the contracting parties, obligating the contracting parties with all the legal consequences of its actions. And the effect of the actions of the nature of correct dealing appears when the judge finds that this nature expresses the common intention of the contracting parties, so it is taken into account when interpreting the contract, provided that when doing so, the nature of dealing with the terms and conditions of the contract, some of which explain each other, is taken into account. And it is necessary to highlight the role of the nature of the transaction and to bring it out of its narrow sphere of implementation into a more extensive field and to organize it with peremptory texts that are implemented in an authentic manner without the need to search for a case of disagreement between the contracting parties, especially in the forms of contract that are replete with detailed and secondary issues that the contracting parties do not consider or ignore due to Their entry to the threshold of contract at first sight.