الأحكام المتعلقة بتعارض الأثر الرجعي مع حق الغير في القانون المدني المصري

Abstract EN

In view of the importance of the idea of ex post facto law, this research attempted to shed light on the rules related to the incompatibility of retroactive effect with the right of others in civil law.

The retroactive effect is not limited to the contracted parties but also involves others.

For example, the buyer sometimes disposed of the purchased product to another purchaser (third party) by means of cash or led to an obligation and then demanded the seller to withdraw the sale and his request was accepted.

In this case, the application of the general rule of the retroactive effect to the cancelation of the sale imposes the original vendor to recover the original product but without any additional right to others.

However, considering some justice issues and in order to protect the confidence in transactions and to achieve stability in trading, particularly in cases of good faith, the legislature, as well as the judiciary stated a range of restrictions on the principle of the retroactive effect and this is what is clarified by this research.

Moreover, this research resolves many practical problems that occur between contracted parties when applying the retroactive effect, namely, the commitments of each party to face the other party, and between others who have an interest associated with the agreement and consequently determining the obligations and rights of each party.