المركز القانوني للدائن العادي في مواجهة مبدأ نسبية أثر العقد

الملخص EN

It is agreed that the contract does not create the rights or obligations expect for contractual as origin prevailing, so called relativity effect of the contract in terme of people, and spend leaving provisions of the contract to the parties, or of being in their judgment (universal successor and successor by particular title), the contract not harm or benefit only contracting parties, the foreigner of the contract is supposed to be unaffected by the rules of the contract.

But there's another category of persons that rock his legal status between the status of successor in title and the foreigner to the contract, another category of the unsecured creditors such persons are effected undoubtedly by any legal act concluded by the debtor whether positive or negative.

This is what we are trying in this search through the legal status to ordinary creditor for privity rule.

key words: relativity effect of the contract; unsecured creditors;the parties of contract; universal successor; successor by particular title; the foreigner.