الحد من آثار العقد الباطل في القانون المدني المصري وقانون المعاملات المدنية السعودي

Abstract EN

The basic principle is that if the contract is invalidated or it is decided to invalidate it, it will cease between the two contracting parties with retroactive effect, to decide to return the contracting parties to the state they were in before the contract.

This requires that if the contracting party obtains something in implementation of the invalidated contract, he must return this thing to its owner.

If it is impossible to return it, it is permissible to award fair compensation.

However, this often contradicts the stability of the transaction when it is applied in a strict manner, because the invalid contract may have actually been implemented and maintained its existence for a certain period, so its establishment and implementation created centers and interests worthy of protection, and perhaps these interests were more worthy of care than the interests it aims to protect.

Therefore, the legislator tried to reduce the cases of invalidation and exploitation of contracts, so the two ideas were to reduce the contract and transform it.