نظرات حول مفهوم الطرف في العقد

Abstract EN

It is established according to the jurisprudence and the judiciary that the fruits of the contract go to the contracting parties and their general successors in implementation of the provision of the text of Article 145 of the Egyptian Civil Law.

As a result of the tremendous progress in the industrial revolution in all fields, there was a series of successive contracts on one money or interconnected it with the intention of achieving one economic goal.

Hence, the jurisprudence tried to separate the party in the formal sense and the party in the objective concept in order to determine the scope of contractual responsibility, and the scope of application of the latter was linked in the idea of the party with the objective concept.

If there is a disagreement in jurisprudence and the judiciary regarding the principle of relativity of the impact of the contract and the extent to which this principle accommodates the idea of the party in the objective sense.

As a result of the existence of a disagreement in jurisprudence on this issue, we hope that the legislature will intervene and issue a legislative interpretation of the principle of relativity of the effect of the contract in order to unify legal positions and prevent conflicts of judicial rulings.