مدى تأثر فكرة المجموعة العقدية بقاعدة نسبية أثر العقد : دراسة مقارنة

Abstract EN

The effects of contract are embodied in terms of persons in the exercise of the rights and obligations arising from the contract to the contracting parties and their successors in certain conditions as a public source, and this point of view is governed by a famous rule in civil jurisprudence which is a privity of contract rule that says effects of the contract as a general source are limited to the parties not to third parties.

However, this point of view of the concept of privity of contract rule has already been developed, applying this rule is not longer limited to contacted party in narrow understanding, this understanding means that contracted party is directly related to the contractual relationship.

Therefore, the jurisprudence of the civil law has pointed to the necessity ofnot to limit the application of the rule of privity rule On the people who participated in the formation of the contractual relationship, but should extend to include the people involved in the implementation of the contractual relationship following of the desire of the jurists to achieve the contractual balance and this situation is called the concept of contracting the idea of the contractual group.

In order to clarify this idea of the contractual group and the extent of adaptation to the privity of contract rule to the impact of the contract has been discussed this topic in two topics, the first of which dealt with the concept of contractual group and the second concern to show the relationship of the relationship between contractual group and privity of contract rule.