Honorary Contract in Civil Law Between Contract And non-Contract (An Analytical Study)

Abstract

   The contract has conditions and elements, the law does not recognize its existence unless they are available, and when it is available, it will enjoy legal protection, and this is a jurisprudential axiom, and it is the time to refute this axiom. At the time when the agreement is done without intention to arrange a binding effect when it is violated, we find that there are agreements that are “concluded” or “transformed later” into a contract even if the intention is not directed to arranging the effects of the contract, which means that this agreement has resulted in a commitment or a legal duty, that makes it take its position in the ranks of Contracts in the legal sense, whether it is discussed in the general theory of the contract, or the general theory of law. This is why we found it necessary to study the legal frameworks for honorary contracts, specifying the times in which they remain far from the eyes of the judiciary and when they become contracts, even if they are honorary, but they arrange what the traditional contract arranges.