الجوهرية في العلاقة التعاقدية

Abstract

The

  (Essence) with its various titles, constitutes a vital and important part of civil law، In particular, the contract, which is (the joining and consistence of the offer from one of the contracting parties with acceptance from the other in a manner which proves the effect thereof on the object of the contract and the obligation of each party by what he is bound with to the other) The (essence) was not independent, it has many similar names that are to each other in some things and differ from them in others .The legislator did not shed light on the essence itself, which is an important idea that deals with the essence of the contract on various grounds, but distinguished between the essential and secondary conditions that the contract enjoys، The essential Concurrence shall be Free from defects of satisfaction, and announced by both parties to intent. However, if a breach of the essential terms of the contract occurs, the latter shall be void، On the contrary, the breach of the secondary conditions does not affect the validity of the contract, and they can be joined later after Formation of contract.