الآثار العرضية للخطأ في تكوين العقد الباطل في القانون المدني الأردني

Abstract EN

This study deals with the effect of error in the formation of the contract as it is one of the accidental effects of the invalid contract within the framework of Jordanian civil law, Islamic jurisprudence and Egyptian civil law, in which it was found that the invalid contract does not mean nothingness, but rather that the invalid contract entails accidental effects in certain and exceptional cases as it is A material event and not a legal act, and it is possible to compensate the aggrieved party affected by the invalid contract, especially since the Jordanian legislator has not dealt with these cases with a clear legal treatment, and we reached through it to the conclusion that the default is the basis for claiming the aggrieved party as a result of the nullity of the contract resulting from the error in the formation of the contract, Accordingly, we have recommended in this study the necessity not to adhere literally to the text of Article (168) of the Jordanian Civil Law, on which the Jordanian Court of Cassation relies, in not arranging any effect of the invalid contract, by taking into account the spirit of the text and the right of the aggrieved party to compensation.