لحظة انعقاد العقد طبقاً لاتفاقية الأمم المتحدة الخاصة بعقود البيع الدولي للبضائع (1980)‎ : (دراسة مقارنة مع بعض التشريعات العربية و الأجنبية)‎

الملخص EN

There are two ways that the contract might be formed with (contracting between persons who are attended and contracting between absence persons).the need for determining the precise moment of the contract , is so clear because there is a specify period separate between the declaration of acceptance and the knowledge with it .and it is clear from the four theories known for jurisprudence (theory of the declaration of the acceptance, theory of exporting the acceptance , theory of the arrival of the acceptance , theory of the knowledge with the acceptance ) .

It is difficult to promote one theory on another one if we look at each one and the justification of its supporters and what the opponents of each theory expose.

Legal background and different circumstances for each country might have influence in determining the theory that must be adopted to determine the moment of contracting, while the preponderant opinion which represents a base that the supporter of each theory dashing from is the part that worth the protection, so if we want to considerate interest of the offer we will depend then on the acceptance theory or it leas the reach of the acceptance theory.

While if we want to take the interest of the acceptor in consideration then we will follow the theory of the declaration of the acceptance or theory of sending the acceptance.

United nation convention on contracts for the international sale of good has adopted theory of the arrival of the acceptance.

While English law and Iraqi law have adopted theory of knowledge with the acceptance, while the theory of the declaration of the acceptance has been adopted by the Jordanian law.

Finally there so many important results on the determining of the moment of contracting not included in the provision of the convention for different reasons either it excluded because of a clear provisions in the agreement or it haven’t been take-in consideration by the work committees that prepared the agreement , or because of abstractions that aroused.

So this issue remained excluded from being submitting to the rules of the agreement and its subject only to the internal law according to the rules of private international law.