Explanation of Article 31
This article addresses the statement of the "elements of the contract," and a contract is the agreement of two wills to create a legal effect. The article states that the elements of the contract are three:
- First: Consent, which is the agreement of the two wills to create the legal effect.
- Second: Subject matter, which is what the contract pertains to, such as: the item sold in a sales contract, and the rent in a lease contract.
- Third: Cause, which is the motivating reason for the contract.
These elements are considered part of public order, so it is not permissible to agree to violate them or to waive them. Consequently, if one of these elements is missing, the contract is void and does not produce any legal effect, as will be mentioned in Article (162).
It is worth noting that the system did not stipulate "formality" as one of the elements of the contract, which means that the default in contracts is that they are consensual, and no specific form is required for their conclusion unless the system stipulates otherwise, such as requiring registration in real estate, or writing in some contracts like the mortgage contract, company contract, agency contract in some cases, and the like.
As for "delivery" or "receipt," they are not elements of the contract, but they are conditions for the conclusion of some contracts, such as: loan contract, lending contract, deposit contract without charge, gift of movable property, and the like.
Related To
Article 31
A contract is concluded by the concurrence of an offer and acceptance to create a legal effect, subject to the legal provisions governing the conclusion of contracts.