أحكام الفقدان الجزئي لسبب الالتزام (دراسة مقارنة)

Abstract

The reason in reciprocal contracts represents the consideration required by the obligor, as well as the legal interest of the two contracting parties, which directs their will, and it must be real, serious, legitimate and sufficient. Whether the loss is in the basic elements of the obligation or in the conditions attached to the obligation. Comparative laws did not include legal provisions for the partial loss of the reason for the obligation, but the traditional understanding of the reason for the obligation is that there is a corresponding obligation for each obligation that is equivalent to it in quantity and quality, and thus the economic balance of the contract is achieved by equalizing the mutual performances between the contracting parties, in addition to the mutual interest and benefit between them, and that This is not limited to the contract formation stage, but extends to the implementation stage.