عقد الاختيار بين الوحدة و التعدد

Abstract EN

The general rule is that the contract draws strength in organizing the provisions on the will of the contracting parties and submitting to determining their extent and limits.

Therefore, if the subject of the contract is determined between the two parties and the offer is accompanied by acceptance in a legitimate manner.

It was agreed on the essential elements, and this contract became a binding force, which is like the force of law for both parties.

As for binding one of the contractors or both of them to some of the contract that he accepted as a whole, it is a violation of that contractual will that is focused on the contract as a whole with its content, conditions, obligations and rights.

It is not permissible to violate that will which is binding on its parties who did not satisfy one part of the contract without the other part, and the same applies to the unilateral act issued by one side.

Whereas, the fact that the disposition accepts and does not accept division is due to that will expressed by the owner of the legal disposition.

If clauses or conditions are mentioned in the unilateral act, it should be questioned about their importance in the intention and will of the disposer himself, there are two directions: The first takes the principle of indivisibility, considering the latter as purely material actions that refer to the place of the contract itself, while another trend believes that indivisibility is based on the law, which considers some types of contract are indivisible.

As it is due to the intention and will of the parties, which made the legal action a single and indivisible deal.