الغير المطلق وتدخل نظام الخطأ التقصيري في النطاق العقدي

Abstract EN

It is determined that the contract’s compulsory effect only applies to both parties to the contract, so any third party shall not obtain rights from the contract agreement in which he has not participated.

this belongs to the relative scope of the contract validity.

but the precise legal concept of the contract’s authenticity and its enforceability for everyone makes it stand out indirectly outside the scope of its activities.

foreigner third party may be affected by the contract or influence it.

in the first sense, it allows the foreigner third party to claim compensation from the contractor responsible for the damage sustained by breach of enforcement, so that the debtor’s contractual error appears as an impermissible error of his responsibility to others.

whereas for the second sense, it occurs when the third party intentionally interferes with a contract to which he is not a party, and its interference obstructs or hinders the performance of the contract, his liability is then determined as a result of his violation of a general legal obligation to comply with contracts.

however, proving the fault of a third party in this case is related to the existence and non-existence with the contract’s validity and enforceability.