Contracts.
"Contracts and their types"
For the contract to be valid, two elements are required:
1- Consensus of two identical wills.
2- The parties' will to the contract must be directed to produce a legal or legitimate effect.
Contracts Sections:
1- In terms of its composition:
A - Consensual contracts: These are contracts for which mutual consent is sufficient, and the law does not require a special form in which the contract can be concluded, such as a contract of sale, work, contracting, or brokerage. etc. Most contracts are actually consensual.
B - Formal contracts: It is a contract in which mutual consent is not sufficient to conclude it, but rather this consent must be expressed in a form determined by the law. Examples of this include the real estate sale contract and the company’s incorporation contract.
- Bargaining contracts: These are those contracts in which the contracting parties have the freedom to discuss the terms of the contract, and where the contractual process is subject to the principle of free bargaining by the parties to the contract. In such agreements, we find that there is a balance between the economic positions of the contracting parties. An example of this is contracts concluded between commercial companies, contracting contracts between real estate developers and contractors.
E- Adhesion contracts: Those contracts in which one of the contracting parties is independent in setting the terms of the contract in advance and in a way that does not allow the other party to accept discussion thereof, as the latter’s role is limited to either acceptance or rejection, such as contracts for the supply of electricity, water, telephone, and public services.
2- In terms of the presence or absence of consideration:
A - Compensation contract: It is a contract in which the contracting party takes in return for what he gave. For example, a sales contract is a contract of exchange.
B - Donation contract: It is a contract in which the contracting party does not take in return for what he gave, or does not give in return for what he took. The donation contract is considered a donation contract.
3- In terms of the rules that govern it:
A - Commercial contracts: These are those contracts that commercial courts have jurisdiction to consider and whose subject matter is a commercial business.
B - Civil contracts: These are those contracts that public courts have jurisdiction to review and whose subject matter is a civil act.
4- In terms of the nature of the contract:
A - The specific contract: It is the contract whose parties know in advance how much he will take and how much he will give. For example, a contract to sell real estate at a specific price, the seller knows what he is giving (which is the property) and how much he is taking, which is the price.
B - Contingent contract: It is a contract in which neither or either of its parties is able, at the time the contract is established, to know how much to take and how much to give. They can be divided into two types: forbidden contracts such as gambling and betting and risk-based contracts such as stock investment contracts.
5- In terms of implications:
A - Contracts binding on two sides: These are contracts that create corresponding obligations for each of the contracting parties, such as a sales contract.
B - A contract binding on one side: It is a contract that does not create an obligation except on the part of one of the contracting parties and not the other contracting party, so the first is a debtor, not a creditor, and the second is a creditor, not a debtor. The gift contract is a contract binding on one side.
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