The effect of the contract is reversed between the rule and the exception "An applied analytical study"

Abstract

The issue of the contract’s effect being transferred to the successor is one of the fundamental issues in the general theory of obligations, as it raises problems related to the extent of the transfer of rights and duties between predecessors and successors. The research aims to clarify the effect of this transfer to the general successor, the special successor, and the cases of exception. The researcher adopted the inductive method, the analytical method, and the applied method. The study concluded that there are two types of successors: the first: the general successor: who succeeds the person in all or part of his financial liability, and the effect of the contract extends to him within the limits of what the predecessor left of rights and obligations existing at the time of his death without extending to his private liability unless it appears from the contract or from the nature of the transaction or from the text of the system that this effect does not extend to the general successor. Second: The special successor: He is the one who succeeds another in the ownership of a specific thing. The basic principle is that he is a stranger to the contracts of his predecessor, as he is not bound by them nor does he acquire a right from them except by the fulfillment of three conditions.