العنصر النفسي في العقد-دراسة في القانونين العراقي والانكليزي

The invalidity, even if the contract is executed completely and cancels its effects, except that in some cases that the legislator has excluded in order to preserve the stability of the deal, it has original effects and occasional effects. The arrangement of the invalid contract has interpreted some of the effects as not resulting from the invalid behavior itself, but rather was caused by the presence of the remaining peaceful elements in The contract, in the sense that the nullity does not entail the cancellation of all traces of the contract in all cases, and that these effects are arranged as nothing more than an application of the idea of diminishing the contract, while the transformation is an accidental effect of the null contract as a material fact, according to some saying, but that the derogation to Minority say only Dons civil law who consider the erosion aralia effect on the contract entails falsehood as a legal act. While the transformation of the contract is the replacement of a valid new contract with an invalid old contract, and it may be converted to another behavior, and this other behavior is correct when the conditions for the transformation are available, and there may be a field in the case of diminishing the transformation of the invalid part by itself into another valid contract, and besides That is, it is required that the contract be divisible in the case of derogation, because if it is not, the contract is voided and in this case there is no place for derogation, but for transformation if its conditions are met. Also, each of the theories of derogation and transformation are based on a basic idea that maintains the contract that has been nullified as much as possible as long as it is still consistent with the objectives of the law, or with the purposes of the contractors in the event that they do not contradict the provisions of the law, and interference occurs between the two ideas also in that Each of them adopts the self-standard that gives the individual will their freedom to conclude legal actions, in the legislations that prevail in the individual tendency and the other legislations that followed this approach. Here the effect of the psychological element in the actions of each of the derogations and transformations, and what the common intention of the contractors.