أحكام البنود المفتوحة في العقود مقاربة بين أحكام التشريعات المحلية والاتفاقيات الدولية والنظام القانوني بالولايات المتحدة الامريكية

الملخص EN

This practical study discuss the phenomena occurs in many contracts, which is not determining a clause or subject of the agreement, either deliberately or accidently.

these phenomena called by jurists open terms.

also, this research discuss the reasons of this phenomena and it's benefits.

furthermore, this research shed lights on many practical implementations in civil law and commercial law with comparisons to the United States laws and international applications.

hence, this study shows a number of comparative articles, laws and applications such as uniform commercial code in united states of America, UNI droit and Vienna convention on international sales of products 1980, in order to reach the best solutions and successful practical implementations that decrease the issues and disputes, which could be arising between the parties.

this study conclude that the Qatari legislative organize the open terms in general provisions and specific implementations on some contracts inside the Qatari civil law, it also shows that the Qatari commercial law were more open in commercial contracts.

the researcher resulted that the Qatari civil law could not convoy with the development of transactions and the ages of speed and trust in civil agreements between individuals.

hence, the researcher did not find any necessity to limit the civil transactions in demanding the price and mention to every element in contracts.

the researcher recommends bg saying that it is more suitable to undertake the criteria which the unidroit principles used, which is seeking to survive the contracts from being nullified because of not mention on fundamental clause, such as price, and it is enforce it with no need to search the intent of the parties.

therefore, the research finds that if there is a fundamental clause were not mentioned and the parties will did not tent to undertake it, the contract shall not be considered nullify, nonetheless undertake a clause from specific criteria to maintain the balance between the contracts parties.