The relationship between the pillars of the contract and its binding force

Abstract

Latin jurisprudence and those influenced by it from the laws of Arab countries pose a philosophical and practical question of the search for the source of binding force of the contract; Since the Romans, approaches to understanding the answer to this question have differed, moving from formality in contracts to the promise given in canon law.

Then the jurisprudence of the Sultan of the Will appeared, the last of which was the theory of the just and beneficial of the French jurist GHESTIN.

In this research, we present a new understanding centered on the relationship between the elements of the contract and the binding force of it, we propose a new conception of the elements of the contract that would explain the reason for its binding force.