التطورات الحديثة على نظرية العقد في نظام المعاملات المدنية السعودي

Abstract

The modern contractual relationships have undergone significant transformations leading to the emergence of new aspects and innovative forms of contracting. Contracts have evolved from being merely a means of exchange to becoming tools for economic interchange and mechanisms for regulating social relationships. Many contract-regulating texts, viewed from a self-referential or personal perspective, have become incompatible with the modern dimensions of contracts, such as relational and complex models, resulting in a disconnect with the reality of contractual transactions. The general theory of contracts has been influenced by legal and economic globalization, overshadowing national legal theories. Laws have engaged in the path of modernization, coinciding with a remarkable informational momentum and considerable growth in the fields of communication and transactions. This interaction has been incessant with the radiation of e-commerce, the emergence of the intangible economy, and the expansion of the global trade arena. The transformations in economic life have impacted contracts, shifting them from mere reciprocal processes to organizing realistic situations, from rigidity to dynamism, from freedom to guidance, and from a personal bond to a tool representing economic and financial value. This shift in the role of contracts as tools for economic exchange has had a profound effect on the foundations of contract theory. This impact has prompted a reconsideration of many concepts and principles upon which contract theory relies. One of the most significant is the principle of the sovereignty of will, a cornerstone of individual doctrine that has proven inadequate in keeping up with social developments directly influencing the contractual process. This inadequacy has given rise to what is known as the contract crisis. The contract crisis has surfaced amid a significant legal issue concerning the compatibility between achieving contractual justice, contractual freedom, and contractual stability. This problem, addressed by the subject through the lens of the recently issued Saudi Civil Transactions System, is analyzed methodically to derive a set of results and recommendations