الشكلية في العقود التجارية : دراسة تحليلية

Abstract EN

The form method of expression of will, and is not a substitute for the same and will not dispense it, will is establishing legal disposition, and a shape does not substitute for a will valid sound to create legal actions, mostly behind the legislator imposed formal proof of the existence of the contract contract In the case of content dispute, this is from the official or customary writing, through which ensures mutasarrif prove his rights arising from the disposition, the writing is complete it becomes obvious that the contract had set his obligations to his limbs and must be fulfilled, and in particular are contracts to express The legislator imposed will be for this right of expression will not this picture under the law, as the contract remains consensual unless a legislator, once the contract is concluded between the parties compromise and arrange exciting without being dependent on satisfying the impact most, taking into account the availability of rest Elements of the contract, disposition of remains consensual and cannot be converted to a formal act of simply taking place in the agreements between the parties.

And he took all of the Omani and Palestinian legislator official form as a direct effect of the contract, as formal considered a cornerstone of the contract, no contract is concluded in the event of default or any form of other staff should be available in consensual contracts, and took some text in both Omani Legislation and, that the intent of the conventional form in contracts is not convened.