التطبيقات القانونية و القضائية لقاعدة العبرة في العقود للمقاصد و المعاني لا للألفاظ و المباني في القانون المدني المصري و موقف قانون المعاملات المدنية الإماراتي منها

الملخص EN

In this research, i tried to verify how the Egyptian civil law deals with the rule “lesson in contracts is for the purposes and meanings not for the words and says" which explains the contradiction between wordings of the contract and the real intent of the contracting parties, because it affects the parties’ obligations.

for that purpose, understanding the rule from its origin(the science of the general rules of the jurisprudence) understanding its applications and verifying how other legislations deals with it is a must.

although the Egyptian civil law has not mentioned this case, i tried to find a solution in the theory of contract (starting from consent of the parties, contract interpretation, contract implementation, nominated contracts, etc.) and in the court of cassation’s judgments.

all these sources adopted the same approach, which is in case of contradiction between the parties’ intent and the wording of the contract, the parties’ intent prevails.

accordingly, we can conclude that, the Egyptian civil code adopts the rule “lesson in contracts is for the purposes and meanings not for the words and says".

in the civil transactions law in UAE, this rule is already mentioned clearly in its code, which makes it easier to understand its applications.