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Transformation of the Contract (A Comparative Study) by Prof. Dr. Sahib Obaid Al-Fatlawi
JOD
Get it by 5 Aug | Order in 5 Hours 10 Minutes
The transformation of a contract is subject to a fixed principle related to its function in different legal systems, based on the premise that a contract is merely a tool for economic exchange in society, regardless of the prevailing philosophy. Therefore, the nature of this transformation is greatly influenced by the foundation set by various laws for the validity of the new contract. While the effects of transformation in traditional legal systems are based on the will of the contracting parties, in countries with planned economies, if a contract is void, it does not produce the effects intended by the parties, but it may produce the effects determined by law.
The first part of the book addresses the historical development of the concept of transformation and distinguishes it from similar concepts in light of the new perspective on contractual relationships. The second part covers the cases and effects of contract transformation, discussing its instances under different economic and social systems. The book concludes by presenting various opinions and proposals.