أثر المعالجة التصورية لنظريتي الالتزام و العقد على غموض فكرة السبب في التصرفات القانونية : دراسة تأصيلية مقارنة

Abstract EN

The dialectical treatment that has accompanied the problem of the cause from the beginning of its emergence, until the development of the modification of the Civil Code of French in 2016, indicators of its atrophy, reflects the ambiguity of this idea in contract law, and the fragility of its conceptual construction, which made it place on quick sand that are not compliant and rigidity of great theories of law such as theories of obligation and contract, where they constructed their theory of general rules with a kind of abstraction and generality in terms of approach, but in a way that instead of treating the concept of the contract itself as a unified act, and constructing its provisions on its concept and characteristics , depending on its characteristics, in a synthetic vision that makes the contract or action the object of its study structure, they adopted the analytical method of dealing with its effects, which are the obligations it generated, and on the basis of it their general theory of obligations, which added to the theory of the cause of the legal act is an ambiguity, which is hardly clear, and has not returned in anyway.

Faced with this, and after the fundamental reforms introduced in French civil law by the decree of 2016-131 on the reform of the law of contracts, obligations and rules of evidence, and renouncing the case as the basis that was necessary for the existence of the contract, the problem of the idea of the cause of the existence of the contract has resur faced again on the surface of legal jurisprudence, Contractual obligations, including the main problem, concerning the relationship between the oretical perceptions and the concept of treating the idea of contract obligation and legal action in general, to the ambiguity surrounding this idea, and its position on legal actions that take place with private will.