Transfer of Commitment Throw Assigning of the Contract in Comparative Legislation: A Comparative Study

Abstract

The Saudi Civil Transactions Law is considered the first Arab civil law to adopt the principle of “waiver of the contract” as one of the forms of transfer of commitment in its general theory. Many researchers believe that this form has great importance in light of the development of economic reality and the development of the idea of ​​commitment from the personal theory to the objective (material) theory. This research comes to study the position of contemporary legislation on this principle, and to clarify the position of Islamic legislation on it, through a number of elements, which are:

1- Definition of waiver of contract and the historical development of its idea and applications.

2- The idea of ​​waiver of contract in contemporary civil legislation.

3- The position of Islamic legislation on waiver of contract

The research reached a number of results, the most important of which are: that the Saudi regulator has adopted the latest in contemporary technologies that preceded this topic, and that this trend does not contradict Islamic legislation, and success is from God.