الأثر الناشئ عن بطلان العقد: دراسة فقهية في ضوء نظام المعاملات المدنية السعودي

Abstract EN

The study: "the effect resulting from the invalidation of the contract, a jurisprudential study, in light of the Saudi civil transactions system.

", aims to: demonstrate the richness of Islamic jurisprudence, and highlight the extent of compatibility between the jurisprudence of Islamic transactions and the Saudi civil transactions system.

the study's approach is based on extrapolating the details of the topic and tracing it.

in its context and resources, then rooting it, analyzing it, and linking it to the Saudi civil transactions system.

among the results of the study: 1.

the Saudi civil transactions system is consistent with what was decided by the jurists of Islamic schools of thought, with differences in some terminology, which gives it a regular character.

2.

in order for the contract to be valid and enforceable and to have its legal and regulatory effects, it must-according to the majority-have three elements: the form, the two contracting parties, and the subject.

the Saudi receivable transactions system has defined the pillars of the contract as: (satisfaction, subject, and reason) and they do not differ in terms of its essence is different from its pillars in Islamic jurisprudence, because consent includes the offer, acceptance, and contracting parties.

3.

the invalidation of the contract results in the contracting parties returning to the state they were in before the contract.

if this is impossible and the contract item cannot be returned in kind, compensation shall be given.