مدى إمكان تأصيل الالتزام بالرد بعد الفسخ القضائي إلى قاعدة الكسب دون سبب

Abstract EN

After the resolution of contract, each of the parties to the resolved contract is obliged to return whatever he received from the other party, according to the contract, to that party.

The source or basis of this obligation is a controversial issue in the civil jurisprudence.

Most jurists believe that the source is the rule of enrichment without cause and its application, the rule of payment of undue .Others think that the basis of the obligation to return, is the special rule put by the civil law, which regulate the legal effects of resolution, according to which, the parties, after resolution, must be brought to their original state before contract.This research tries to analyze the state after resolution to find out which rule should be applied to it.