الطبيعة القانونية للعقد السياحي

الملخص EN

tourism contract occupies an important place among the other different kinds of contract, and given this importance, its legal nature should be determined, However, before the silence of the legislator the judge has to give a legal description in which he defines the basic effects that the parties of the contract shall realize on their own will thus, defining accurately tourism contr act will contribute to setting the legal rules that must be applied to its provisions.

As it is known, tourism contract is a complex contract which covers a set of legal and physical acts together, this result in a difficulty of determining its legal nature.

Given this situation, opinions were divided and diverged about determining this contract either on the basis of the principle segmentation and unity of the contract, or on the role of the Tourism and Travel Agency as a mediator or an actual service provider.

In view of this diversion, the national legislator should take a position on defining this description in order to avoid any problems that might arise between the parties and to facilitate their execution of the contract.