Distinction Problem Between Fictitious Contracting Using Somebody’s Name and Pseudonym (Analytical Applied Comparative Study)

Abstract

If the freedom of contracting is fundamental، any person، in accordance with legal regulations، may enter into what he wants of contracts to achieve benefits. However، the person seeking a material or moral benefit may not enter into the contract himself، and may resort for the sake of it to a third party، either to conclude a contract on his behalf، in the name of the third person and in an agency that may be obvious or veiled. Or، to contract through such third party without the agency، in agreement with the other side، so that the third party may have no role in the conclusion of the contract، but having his name mentioned in the contract.

We have addressed in this study the distinction problem between simulated contracting using somebody's name or pseudonym، where we have defined each of them، and dealt with the standard and the effects of the distinction between them.

This study was completed by setting up clear difference between these two systems and that they are not one thing. What we have proposed is also included at the end of this search.