Updating the general theory of hawala (towards considering the contract assignment as an independent legal system)

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The general theory of obligations and contracts has always triumphed for individual freedom by elevating the authority of the will in determining the content of the contract and the obligations of its parties, as the idea of natural right is the most important factor that created the principle of the authority of the will, which sanctifies the freedom of individuals, which made personal will and contractual freedom manifestations of natural freedom, so that the will is the basis for legal action; it establishes it and determines its effects.

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