Keywords : Personal consideration


Personal consideration in contracting

Hilan. A. Ahmed

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 57-83

The basic rule in civil contracts is that it does not build on the basis of personal motives, but on the basis of the realization of direct and indirect purposes that are aimed at civil dealing in various civil contracts, regardless of the parties that are dealt with. This is the basis, but in commercial dealing the situation is deferent because of the nature of commercial dealing, which is builds mainly on trust and sometimes on a strong relationship between dealers. Despite the advanced basis, however, civil dealing sometimes builds on personal considerations that are considered by one of the contractors and may be the main motive driving the contract. In view of the wide scope of these considerations in contracting, we found that there is a need to search on considerations which it leave impact on the contract in the civil dealing and some commercial transactions, in addition short review on the position of some European legislation.