Chapter 1

Chapter 1

ما يندرج تحته

• Section 1 : Contract
• Article 30 : Scope of Application of the Chapter
• Article 31 : Formation of the Contract
• Sub-section 1 : Elements of a Contract
• Firstly : Consent
• Article 32 : Consent Verification
• 1. Expression of Will
• Article 33 : Methods of Expressing Will
• Article 34 : Offer by Display or Advertisement
• Article 35 : Withdrawal of Offer
• Article 36 : Circumstances of Offer Lapse and the Ruling on Acceptance After Its Lapse
• Article 37 : Silence of the Offeree
• Article 38 : Place and Time of Contract Formation
• Article 39 : Acceptance in Auctions
• Article 40 : Acceptance in Adhesion Contracts
• Article 41 : Contract Negotiation and Bad Faith in Negotiation
• Article 42 : Acceptance is achieved by agreement on the essential terms of the contract and not on others
• Article 43 : The Promise to Conclude a Contract and the Conditions for Its Binding Nature
• Article 44 : Provisions of Earnest Money
• Article 45 : Framework Agreement
• Article 46 : Reference to Model Provisions or Another Document
• 2. Capacity of the Contracting Parties
• Article 47 : Capacity to Act
• Article 48 : Capacity of the Minor, the Insane, and the Mentally Incompetent
• Article 49 : Acts of a Minor Without Discretion
• Article 50 : Acts of a Minor with Discretion
• Article 51 : Permission for a Minor to Act Upon Reaching the Age of Fifteen
• Article 52 : Acts of the Insane and the Mentally Incapacitated
• Article 53 : Acts of the Incompetent and the Negligent
• Article 54 : Provisions of Guardianship and Custodianship
• Article 55 : Acts of the Guardian and Custodian
• Article 56 : Fraud to Conceal Lack of Competence
• 3. Defects of Consent
• Article 57 : Request for Annulment of Contract Due to Fundamental Mistake
• Article 58 : Recognized Mistake
• Article 59 : Material Error in Calculation or Writing
• Article 60 : Invoking Mistake in the Contract in Good Faith
• Article 61 : The Reality of Misrepresentation in Contract Formation
• Article 62 : Misrepresentation of a Material Fact in the Contract
• Article 63 : Request for Annulment of Contract Due to Fraud by Non-Contracting Parties
• Article 64 : The Reality of Coercion
• Article 65 : Coercion Verification Officer
• Article 66 : Considerations in Assessing Coercion
• Article 67 : Request for Annulment of Contract Due to Coercion
• Article 68 : Exploitation of the Contracting Party by Taking Advantage of Apparent Weakness or Urgent Need to Conclude the Contract
• Article 69 : The Reality of Unfairness and the Request to Annul the Contract Due to Unfairness
• Second : Subject Matter and Cause
• Article 70 : Subject of the Obligation
• Article 71 : Making Future Objects Subject to Obligation
• Article 72 : Conditions of the Subject Matter of Obligation and the Consequences of Their Non-fulfillment
• Article 73 : Failure to Specify the Quantity or Quality of the Subject Matter
• Article 74 : Conditions in the Contract
• Article 75 : Contracting for an Unlawful Cause
• Article 76 : Omission of Contractual Purpose
• Sub-section 2 : Contract Nullification and Nullity
• Firstly : Right of Annulment
• Article 77 : Assertion of a Party's Right to Request the Annulment of the Contract
• Article 78 : Forfeiture of the Right to Annul by Ratification
• Article 79 : Statute of Limitations for Contract Annulment Claims
• Article 80 : Notice to the Party Entitled to Rescind the Contract
• Second : Nullity
• Article 81 : Nullity of the Contract and Prescription of the Nullity Claim
• Third : Effects of Contract Nullification and Invalidity
• Article 82 : Status of the Contracting Parties upon Annulment or Nullification of the Contract
• Article 83 : Annulment or Nullification of the Contract Due to Lack or Absence of Capacity
• Article 84 : Nullity of Part of the Contract
• Article 85 : Article 85: Conversion of a Void Contract to Another Contract
• Article 86 : Conditions of the Special Successor in the Void Contract, and the Nature of the Good Faith Special Successor
• Sub-section 3 : Agency in Contracting
• Article 87 : The Rule of Contracting by Proxy and Its Types
• Article 88 : Exceeding the Limits of Representation
• Article 89 : Consideration of the Deputy's Person in Defects of Consent, and the Principal's Instructions in Contractual Agency
• Article 90 : Effect of Agent Contracting in the Name of the Principal
• Article 91 : Ignorance of the Other Contracting Party Regarding the Capacity of the Agent at the Time of Contract Formation
• Article 92 : Ignorance of the Agent and the Other Contracting Party
• Article 93 : Contracting by a Representative with Himself
• Sub-section 4 : Effects of Contract
• Article 94 : Rescission or Amendment of a Valid Contract, and the Time of Accrual of Rights Arising from the Contract
• Article 95 : Obligations Arising from the Contract
• Article 96 : Adhesion and Unfair Terms in the Contract
• Article 97 : Effect of General Exceptional Circumstances on the Contract
• Article 98 : Effect of the Contract Extending to the Contracting Parties and General and Specific Successors
• Article 99 : Effect of the Contract on Non-Contracting Parties
• Article 100 : Undertaking on Behalf of Others
• Article 101 : Stipulation for the Benefit of a Third Party
• Article 102 : Revocation of Stipulation for the Benefit of a Third Party or Change of Beneficiary
• Article 103 : Condition for the Benefit of a Future or Unspecified Person
• Sub-section 5 : Interpretation of Contract
• Article 104 : Provisions for Contract Interpretation
• Sub-section 6 : Contract Termination
• Firstly : Termination
• Article 105 : Termination of Contract
• Second : Option of Condition
• Article 106 : Condition Option, Its Duration, and Its Termination
• Third : Breach of Obligation
• Article 107 : Breach of Obligation in Bilateral Contracts
• Article 108 : Agreement on the Right to Terminate the Contract upon Breach without Judicial Ruling and Exemption from Notice
• Article 109 : Existence of a Defect in the Subject Matter of the Contract
• Sub-section 2 : Impossibility of Performance
• Article 110 : Impossibility of Contract Execution or Part Thereof Due to a Cause Beyond the Debtor's Control
• Fifth : Effects of Contract Termination and Dissolution
• Article 111 : Effect of Termination or Rescission of the Contract on the Contracting Parties
• Article 112 : Effect of Contract Termination on Special Successors
• Article 113 : Effect of Contract Termination on Obligations of Dispute Resolution and Confidentiality
• Sixth : Plea of Non-Performance
• Article 114 : Refusal to Perform a Reciprocal Obligation Due for Fulfillment upon the Other Party's Refusal
• Section 2 : Unilateral Acts
• Article 115 : The Rule of Obligation by Unilateral Will
• Article 116 : Application of Contract Provisions to Unilateral Acts
• Article 117 : Promise of a Reward and Withdrawal of the Promise
• Section 3 : Harmful Acts
• Article 118 : Scope of Chapter Application
• Article 119 : The Impact of Civil Liability on Criminal Liability
• Sub-section 1 : Liability for Personal Acts
• Article 120 : Compensation for Damage Due to Fault
• Article 121 : Direct Liability for Harmful Act
• Article 122 : Liability for Damage Caused by Competent and Incompetent Persons
• Article 123 : Damage Resulting from Legitimate Defense
• Article 124 : Causing Harm to Others to Avoid Greater Harm
• Article 125 : Damage Due to No Fault of the Person
• Article 126 : The Harmful Act Committed by a Public Employee During the Performance of His Duties
• Article 127 : Joint Liability of Officials for Harmful Acts
• Article 128 : Contributory Negligence of the Injured Party
• Sub-section 2 : Liability for Third-Party Acts
• Article 129 : Cases of Liability for the Acts of Others
• Sub-section 3 : Liability for Harm Caused by Things
• Article 130 : Damage Caused by Animals
• Article 131 : Damage Caused by the Collapse of a Building
• Article 132 : Damage Caused by Objects Requiring Special Care
• Article 133 : Request for Measures to Avert Danger
• Article 134 : The Reality of the Custodian of the Object
• Article 135 : Exercise of the Right in Public Benefits and the Resulting Damage
• Sub-section 4 : Compensation for Harm
• Article 136 : Method of Compensation for Damage
• Article 137 : How to Determine Damage
• Article 138 : Compensation for Moral Damage
• Article 139 : Assessment of Compensation and Method of Payment
• Article 140 : Claim for Compensation in Cases of Severe Damage with the Option for the Injured Party to Retain or Surrender the Damaged Item
• Article 141 : Effect of the Court's Inability to Make a Final Assessment of Compensation
• Article 142 : Amount of Compensation for Damage to the Person or Lesser Harm
• Article 143 : Statute of Limitations for Compensation Claims
• Section 4 : Unjust Enrichment
• Article 144 : Unjust Enrichment at the Expense of Another
• Sub-section 1 : Undue Payments
• Article 145 : Conditions for Receiving Undue Payments as Fulfillment
• Article 146 : Recovery of Undue Payments
• Article 147 : Recovery of Undue Payment After Fulfillment by a Non-Debtor and the Creditor's Dispossession of the Debt Instrument and Its Securities
• Article 148 : Effect of Good or Bad Faith in Receiving Undue Payments
• Article 149 : The Effect of Contractual Capacity on the Receipt of Undue Payments
• Sub-section 2 : Officious Intermeddling
• Article 150 : The Reality of Agency by Necessity
• Article 151 : The Assumption of Responsibility by an Interloper for His Own Affairs Alongside Those of Others
• Article 152 : Application of Agency Provisions to Negotiorum Gestio
• Article 153 : Obligation of the Intervener to Complete the Acts of Agency
• Article 154 : Required Care in Negotiorum Gestio
• Article 155 : Transfer of Unauthorized Agency Acts to Third Parties
• Article 156 : Obligation of the Intervener to Return What Was Acquired Due to Intervention
• Article 157 : Consideration of the Interloper as a Representative for the Beneficiary, and the Condition for the Interloper's Entitlement to Compensation
• Article 158 : Death of the Intervener or Beneficiary
• Sub-section 3 : Non-hearing of Claim
• Article 159 : Statute of Limitations for Unjust Enrichment Claims
• Section 5 : The Law
• Article 160 : Obligation Arising Under the System