الشائك و الغامض في النظام القانوني "لأوصاف الالتزام" و الاشتباه للمعاملات بين صوره و حالاته

الملخص EN

This research deals with the special subject of legal research, the theory of obligation, the accuracy of this research sponsored by clarifying of similarity or confusion engendered in drafting the legal descriptions of obligation, First section deals with examples of similarity among descriptions of obligation such as the condition and other related legal expressions ; it also shows of the cases which demonstrate the complexity of the legal aspects of obligation.

The second section, which represents the core of research, deals with detailed explanation and area of suspicion points that lead to confusion and complexity with respect to the descriptions of obligation, such as similarities between term and condition.

These similarities can be seen in different cases as in settle the obligation at concessional and cases of ownership retention.

On the other hand, we can see example of interaction and similarity in alternative obligation and facilitative obligation.

At the end we conclude that even though its complexity, thorniness and special nature, descriptions of obligation have become one of the most important legal mechanism that rely on contemporary transactions such as private business transactions, This encourage us to expand and/or develop the legislative rules to cope with the complex nature and a realistic description of the issues related to obligation.