الحد من الاثر الرجعي لفسخ العقد : دراسة مقارنة

Abstract EN

Certainly, the impact of rescission of contract is one of the most important issues that has raised fierce debate and heated disagreement between scholars of civil law, although the legal provisions are tended to mitigate it.

Principally, the impact of rescission of contract is retroactive, this justified in light of legal rules and parties implied consent.

This principle sometimes, however, does not prevent the possibility of reducing the reactionary of rescission; rather, the consent of the parties may determine the impact of rescission on its occurrence.

If the law has been made these effects related to a moment of contracting, it is sometimes otherwise provided, according to some considerations concerning the nature of contract, justice, and the protection of transactions to ensure its economic stability.

We will divide our study into two sections: first deals with the theoretical basis to limit the retroactive of rescission of contract, and the second shows the reasons for this reduction.