اثر ترابط الاتفاقات على انقضاء المجموعة العقدية : دراسة مقارنة

الملخص EN

The nodal group consists of agreements that are interrelated to each other in terms of implementation.

If one of its agreements is nullified when one of its pillars fails at the conclusion of the contract, or by rescission in the case in which one of the parties refrains from implementing its obligations, or if its implementation is defective.

The research problem will arise in that the demise is not limited to the ephemeral agreement of a unit, but extends to the entire nodal group due to the existence of interdependence between the agreements.

Where the latter leads in the event of nullity or annulment, either to the total expiration of the nodal group or to the ence of its effect.

The latter is a sanction introduced by the French legislator in its amendment No.

131 of 2016, which applies to the contract that was established valid in all its elements, but for some reason that occurred after the inception of the contract led to the imbalance of one of its pillars.

The French legislator has taken the nodal group as an application of this penalty.

If an agreement in the nodal group ceases to exist after its emergence for some reason, this demise would nullify the effect of the nodal group whenever the implementation of the latter becomes impossible without the agreement that ceased or the fleeting agreement was a decisive condition.

To the satisfaction of the parties.

And if the total lapse and the ence of effect, both ends the nodal group.

However, the difference between them is that the application of the first would implement the rules of nullity and annulment, represented by the rule of retroactive effect and restoring the situation to what it was before entering the nodal group.

While the application of no effect disrupts the work of the rule of retroactive effect and the rule of recovery, with the exception of spot contracts.