The Transgression of the contract for its own purpose
Prof. Adnan Ibrahim Sarhan
Professor of Civil Law – University of Sharjah – United Arab Emirates
Prof. Mohammed Suleiman Al Ahmed
Professor of Civil Law – University of Sharjah – United Arab Emirates
Abstract:
Civil law has organized a number of contracts, and thus, after being organized by the law, these contracts have similar names and purposes at the same time, and this is what led the legislator to classify and categorize these contracts on the basis of their general purpose. The general purpose of contracts of sale, donation, company, loan and permanent income, is the transfer of ownership. This is a general attribute of all these contracts; however, each one has a specific purpose in which the specificity of the contract is determined. The sale contract is to transfer the ownership of a property from the seller to the buyer in exchange for a benefit, while the donation contract serves the same purpose but for free. The company contract is similar but includes the addition of a new person. The purpose of the loan contract is to transfer the ownership to fulfill the benefit but in exchange of another benefit. However, the question here is: why can’t a contract achieve the purpose of another? And would that be legal?
For example, the purpose of the lease contract is to enable third parties to benefit from a leasehold lease (rent), but what if the rent is in the form of premises, which the lessor has not owned in return for enabling the tenant to use the leased premises? Is not this a leased premises swap? Or is it a mixed contract of two contracts? Or a composite of two contracts of two agreements? The same applies to the agency exceeding its purpose, which may be a sign of transfer of ownership, and the closure of foreclosure is not different from our description, and perhaps the contract of life insurance today has exceeded its purpose to be a tool to ensure financing between financial institutions and the investor.
The transgression of the contract for its own purpose raises many problems, which make it necessary for us to distinguish between the contract and its rights on the one hand, and the legitimate infringement of the purpose of the contract on the other, and the extent to which the nature of the contract makes it commercial after it was civil, as well as its descriptions and its effect on its adaptation.
Keywords: Contract, contract purpose, contract judgment, contract rights, lawful infringement for the purpose of the contract, unlawful encroachment for the purpose of the contract.