Legal basis for the material and detailed matters in civil contracts

Abstract

The essence of the contract is the obligation that arises from the nature of the contract itself, and accordingly we find the emergence of two trends among jurists regarding this matter, the first trend is called the followers of the personal doctrine or personal tendency or what is called the owners of the subjective theory, as they see that the essence of the contract is based on the inner will, while the followers of the second trend are called the owners of the material tendency, as they see that the essence of the contract is based on the expression or the apparent will. By talking about the issues that arise from the contract, we have learned that not all of them are material, as some of them are material issues and others are detailed matters, so it remains important to talk about the source of these issues, and this can be summarized by the following question, is the legal basis for the material and matters of the contract the nature of the contract, or is it the law, or is it the will?