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Main Page / Legislations / Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles / Subchapter I – Elements of Contract / 1- Consent
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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles

Law Summary Record Type: LawNumber: 16Date: 25/08/1971 Corresponding to 04/07/1391 HijriNumber of Articles: 477Status: In force
Official Gazette :Issue: 7Offcial Journal Issue Publication Date: 01/01/1971 Corresponding to 05/11/1390 HijriPage from: 3458
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1- Consent

  • 9 Article (Repealed)

    Offer and acceptance are, by norm, the two words used to conclude a contract. The first uttered word to initiate a contract shall always be the offer, while the second shall be the acceptance. Both offer and acceptance shall be written in the past tense. They may also be written in the present or imperative tense if so intended. The future tense that means mere promise shall be binding promise in concluding the contract if it was the intention of the signatories.
    6/30/2004

  • 10 Article (Repealed)

    Offer and acceptance may be made orally, in writing, by common signals, not necessarily sign language for the deaf, by actual consensual exchange, and also by conduct that, in the circumstances, leaves no doubt as to its true meaning.
    6/30/2004

  • 11 Article (Repealed)

    Offering goods and their price list shall be deemed as an offer. Meanwhile, publication and advertisement, the current price list and any other list related to the supply and demand targeting the public and individuals shall not be taken, on doubt as an offer but, rather, as an invitation to negotiate.
    6/30/2004

  • 12 Article (Repealed)

    No statement shall be attributed to a person who remains silent, but silence in circumstances requiring a statement shall be deemed an acceptance.
    Silence in particular shall be deemed an acceptance where there have been previous dealings between the two contracting parties and the offer is related to such dealings or if it appears to benefit the offeree.
    The silence of buyers, after receiving their goods, shall be deemed acceptance of the terms listed in the price list.
    6/30/2004

  • 13 Article (Repealed)

    Where the offer is made during a session, both parties shall retain the option until the session ends. Where the offeror retracts his offer before acceptance, or in the event that one of the contracting parties expresses an objection by utterance or action, the offer shall be
    deemed void and acceptance thereafter shall no longer be binding.
    6/30/2004

  • 14 Article (Repealed)

    Where the offeror assigned a due date for acceptance of the contract, the offeror shall adhere to such time limit until such time expires. The assignation of the due date may be based on circumstances or the nature of the contract.
    6/30/2004

  • 15 Article (Repealed)

    Where one of the contracting parties made an offer, the contract shall be deemed to have been concluded if the offer is accepted by the other party.
    6/30/2004

  • 16 Article (Repealed)

    In the event that the signatories are not present, contract shall be deemed to have been made at the time and place when and where acceptance reaches the offeror's notice, unless an explicit or implicit agreement or legal provision indicate otherwise.
    The offeror shall be deemed to have known of the acceptance at the place and time, such contract has come to his knowledge.
    6/30/2004

  • 17 Article (Repealed)

    A contract made by telephone, or by any other similar means shall, in respect of time, be regarded as having been concluded between present contracting parties. Such contract shall, in respect of place, be regarded as having been concluded between absent contracting parties.
    6/30/2004

  • 18 Article (Repealed)

    Without prejudice to the provisions of any other legislation, a contract shall not be concluded through bids unless those bids are won. When a higher bid is offered even void, it shall repeal the original bid; or otherwise the original bid is repealed upon closing the tender without adjudication.
    6/30/2004

  • 19 Article (Repealed)

    The preliminary contract by which either or both contracting parties promise to conclude a specific contract in the future shall only be binding if all the essential terms of the contract envisaged and the time when the contract should be concluded are stated.
    Furthermore,  if legislation requires that the contract shall take a particular form, this form shall also be adhered to in the original agreement in which the conclusion of a contract was promised.
    6/30/2004

  • 20 Article (Repealed)

    An earnest payment made at the conclusion of the contract shall serve as a presumption that both parties have the option to withdraw, unless it transpires that they intended otherwise or customary usage prescribes otherwise.
    The party who has paid the earnest money but withdraws from the contract shall forfeit the earnest money.
    The party who has received the earnest money but withdraws from the contract shall repay double the amount received, even if the withdrawal causes no prejudice.
    6/30/2004

  • 21 Article (Repealed)

    Every person who has not been declared by the law to be of total or partial legal incapacity shall have the legal capacity to conclude a contract.
    6/30/2004

  • 22 Article (Repealed)

    The legal age for any party wishing to make a contract shall be 18 years.
    6/30/2004

  • 23 Article (Repealed)

    Laws and regulations shall specify when adults should be interdicted, procedures thereof, administration of their property; its investment and disposal; as well as other matters related to the natural guardianship, custody and legal guardianship.
    6/30/2004

  • 24 Article (Repealed)

    1. Where a contracting party commits a fundamental mistake, such contracting party may demand voidance of the contract if the other contracting party commits the same mistake, or knows of its occurrence, or could easily have detected such mistake.
    2. The mistake may be considered fundamental if such mistake is serious to the extent that a contracting party would have not given his consent to the terms of the contract unless such mistake is committed; in particular a mistake shall be fundamental if:
    3. it is regarding a description part of the thing that is or must be considered essential to the signatories insofar as goodwill and current conditions on the conclusion of the contract are concerned;
    4. it occurred to the contracting party personally or his character should that have been a principal reason to form the contract in the first place.
    6/30/2004

  • 25 Article (Repealed)

     
    Mere calculation, spelling and writing mistakes shall not affect the validity of the contract, though they shall be corrected.
    6/30/2004

  • 26 Article (Repealed)

    In the event that one of the contracting parties or their representative(s) has made fraudulent misrepresentations that were so grave without which he may not have concluded the contract, such contract may be deemed void on the grounds of fraud.
    6/30/2004

  • 27 Article (Repealed)

    A contract may be voidable as a result of duress if one of the parties has contracted under the stress of a justifiable fear unlawfully instilled in him by the other contracting party. Fear is deemed to be justified when the affected contracting party was confronted by circumstances that led him reasonably to believe that a grievous and imminent danger to life, body, honour or property threatened him or others.
    In determining the extent of the duress, the gender, age, social and health status of the affected contracting party, as well as any other circumstance that might have aggravated the duress, shall be taken into account.
    6/30/2004

  • 28 Article (Repealed)

    Where there is an excessive imbalance between the obligations of one contracting party and the other, and it was found that the aggrieved contracting party has only concluded the contract because the other contracting party exploits him out of obvious frivolity, or sudden heat of passion, the judge may, at the request of the affected party, void the contract, reduce his obligations, or increase the obligations of the other party.
    Actions filed for exploitation shall prescribe after the lapse of one year from the date of the conclusion of the contract, otherwise they shall be deemed void.
    The party entering into a contract with an aggrieved person may avoid voidance if he presented what the judge deems sufficient to alleviate the grievance.  
    6/30/2004

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