An abstract research entitled: Violation of the element of personal consideration and its effects on contracts based on the personality of the contractor

Abstract

In view of the importance that contracts occupy in the lives of individuals, individuals conclude many contracts in their lives, and in these contracts many problems arise, and errors that occur from one or both of the contracting parties, such errors must have solutions through which these problems are settled. And avoid them, in order to continue transactions and stability between individuals, The contractor whose personality or one of his characteristics is considered at the time of the contract should be committed to personally implementing the obligations arising from the contract, and he may not entrust the implementation of this obligation to a third party, in whole or in part, because his personality or the characteristics that he enjoyed in this contract were Is the motive for concluding the contract, such as the competence enjoyed by the contractor or the financial solvency or the skills that the contractor possesses are considered the essential reason for contracting with him, so the contractor has no right to waive the contract because his personality is considered in the contract, A person who possesses these qualities is not entitled to contract with another person who is not satisfied with the other party, and does not possess the qualities enjoyed by the contractor whose personality is considered in this contract. Therefore, the contractor in contracts of personal consideration must implement his contractual obligations personally. And that he does not transfer his obligations arising from the contract, nor the rights arising from it, to a third party, because the other party did not enter into such a contract, had it not been for his possession of some characteristics that were the main reason for contracting with him.The importance of personal consideration appears clearly in contracts that are based on the personal aspect of the contract, in which the personality of the contractor and his characteristics are considered, without regard to the subject of the contract.