THE LEGAL SYSTEM OF THE RELATIVITY PRINCIPLE IN THE ARBITRATION AGREEMENT EFFECTS

The study discussed the subject of the legal system for the principle of relativity of the effects of the arbitration agreement. With the reinforcement of legal rules and applied facts. A review of the exceptions to the principle of relativity of the effects of the contract, and the conditions of these exceptions, while examining the opinions of the jurists and the noble Islamic Sharia. This study relied on the inductive, analytical and comparative method. And I reached the following results: Although the contract has a relative effect on the one who created it, common sense and then the law are safe. These rights are transmitted from the predecessor to the backward. The common successors covered by the term “contractor” are the same as the contracting party to the arbitration agreement. As for Islamic jurisprudence, it did not address the term general successor, and Muslim jurists did not deal with it in their writings, but rather used a synonym for it, which is the heir and the legatee for a part of the estate. The general rule in the positive (rights) and negative (obligations) effects of the contract goes to the general successor, but the matter is not absolute, but it is restricted by several restrictions. That the arbitration agreement transfers its effects to the general successor, and it is not covered by the restrictions mentioned in the study except the second restriction; In the event that the original contracting parties agree that it will not be transferred to the successor, as we mentioned above, then it is permissible to agree on this because it is not considered a public order. The private successor in its origin is that it is from a third party with regard to the rights and obligations resulting from contracts concluded by its predecessor, but this otherness is limited when it becomes under the rule of its predecessor, with conditions that mention legislation and according to it, and the conclusion here is that the effects of the contract are generally transmitted to the special successor when the aforementioned conditions are met, if they are not met The private successor is like a third party to whom the effects are not transferred. Omani law permitted stipulation in the interest of third parties in Article (163) of the Civil Transactions Law, and all Arab laws also permitted stipulation in the interest of third parties. As for Islamic jurisprudence, there is no theoretical use of the term stipulation in the interest of others, but it is derived from the applications of jurists.

The study discussed the subject of the legal system for the principle of relativity of the effects of the arbitration agreement. With the reinforcement of legal rules and applied facts. A review of the exceptions to the principle of relativity of the effects of the contract, and the conditions of these exceptions, while examining the opinions of the jurists and the noble Islamic Sharia. This study relied on the inductive, analytical and comparative method. And I reached the following results: Although the contract has a relative effect on the one who created it, common sense and then the law are safe. These rights are transmitted from the predecessor to the backward. The common successors covered by the term “contractor” are the same as the contracting party to the arbitration agreement. As for Islamic jurisprudence, it did not address the term general successor, and Muslim jurists did not deal with it in their writings, but rather used a synonym for it, which is the heir and the legatee for a part of the estate. The general rule in the positive (rights) and negative (obligations) effects of the contract goes to the general successor, but the matter is not absolute, but it is restricted by several restrictions. That the arbitration agreement transfers its effects to the general successor, and it is not covered by the restrictions mentioned in the study except the second restriction; In the event that the original contracting parties agree that it will not be transferred to the successor, as we mentioned above, then it is permissible to agree on this because it is not considered a public order. The private successor in its origin is that it is from a third party with regard to the rights and obligations resulting from contracts concluded by its predecessor, but this otherness is limited when it becomes under the rule of its predecessor, with conditions that mention legislation and according to it, and the conclusion here is that the effects of the contract are generally transmitted to the special successor when the aforementioned conditions are met, if they are not met The private successor is like a third party to whom the effects are not transferred. Omani law permitted stipulation in the interest of third parties in Article (163) of the Civil Transactions Law, and all Arab laws also permitted stipulation in the interest of third parties. As for Islamic jurisprudence, there is no theoretical use of the term stipulation in the interest of others, but it is derived from the applications of jurists.