Law of Packilvania: Difference between revisions

no edit summary
No edit summary
Tags: Mobile edit Mobile web edit Visual edit
No edit summary
Tags: Mobile edit Mobile web edit Visual edit
Line 80:
 
== Law of contract ==
A contract is an agreement between two or more legal persons, to act or withhold from acting. A contract may create or cede rights between the participants within the framework of the law. No contract to perform an illicit act is legally binding except as determined by a court of law. A person may enter into either a written or verbal contract. A person may implicitly enter into a contract if they act 9inin a way that would bring the contract into effect.
 
The formation of a contract arises as follows:
 
* ''luQataran luMalayka'' (Formal Proposal): This is a formal offer by one party to another to enter into a contractual agreement. This creates a formal obligation on the part of the proposer to enter the contract if the proposee accepts.
* ''luYamil luTizmam'' (Required Action): What action is expected by virtue of the contract from or by the participants. This can include the duty not to act.
* ''luKhavnan ameDush'' (Agreement of Two): The two parties must actually agree to ''luYamil leTizmam''.
* ''leFakir leNafas'' (Equality of minds): Both parties must have equal knowledge and understanding of ''luYamil leTizmam''.
* ''luRakhab aluKhavnan'' (Intention to Agree): Both parties must have the intention to agree. This means that they must freely and knowingly enter into the contract. They cannot be coerced or deceived into entering the contract.
* ''luQabul luMalayka'' (Formal Acceptance): The second party must formally accept. This creates an obligation on the part of the proposee to carry out ''luYamil luTizmam''. A version of this is known as ''luQabul yeluYamil'' (Accept by Acting). This is when the contract is deemed to have been accepted if the the proposee begins to fulfill ''luYamil luTizmam''. For instance if one person sells to another and the other pays for the good without formally stating that they accepted. Another form of acceptance is ''luHadhar luKhatam'' whereby signing a written instrument of the contract indicates a formal acceptance of its provisions.
*
*
*
*
*
 
== Law of legal personality ==
verified
5,323

edits