الإشكاليات التطبيقية لنظرية تحول العقد : دراسة مقارنة

الملخص EN

The idea of convertible void or voidable contract to a virtuous contract could well be found in various state’s legal codes.

Few of these states have nonetheless adopted this concept as an original one and have even included it as a significant branch of the theory of obligation, whereas others have tuned down this concept to encompass the possibility of making a conveyance of contracts only in practical terms, and even in the absence of a rule of law that determines this.

The disparities in the methods that various legal systems earmark revoked, or revocable contracts, brings about a serious legal problem in as far as the issue could be related to the competencies of the Judges in evaluating or gauging the disputed contracts.

The core of this study revolves around this problematic issue and the consequences and effects that could emanate from the disparities between the various legal systems upon convertible contracts.