Economic imbalance in non-contractual obligations comparative study

Abstract

The obligation is based on the consideration of economic equilibrium, from its inception until its expiry, whether its source is contractual or non-contractual. However, legislation, jurisprudence, and legal scholarship have highlighted the economic equilibrium of the contractual obligation, specifically in specific exchange contracts binding on both parties, considering that each contracting party knows at the time of the contract the amount he takes and the amount he gives, so the extent of economic equilibrium in it becomes clear, whether in the stage of negotiations, as in the obligation of disclosure and the obligation of confidentiality, or in the stage of formation, as in the contract of adhesion and the defect of exploitation, or in the stage of execution, as in emergency circumstances and the view of ease.

          While the non-contractual obligation is also based on the consideration of economic balance, which may be subject to disruption, whether in the unilateral will as in the establishment of institutions and the release of mortgaged property, or in the tort liability for the unlawful act as in the change in the value of the damage and the change in the severity of the damage, or in the gain without cause as in the payment without right and the settlement of the debt of others.

          While the law is the indirect source of all the aforementioned obligations, it is the direct source of a number of other obligations, which are governed by the legal texts that created them, such as spousal support and support for parents and children, where the law imposes the obligation on a person for religious, social and economic reasons to spend on the needy members of his family, and the value of this support may be subject to disruption due to the decrease in the real value of the currency after the issuance of the support ruling.

          As far as the economic imbalance of the non-contractual obligation is concerned, it is necessary to highlight the cases in which the economic balance of this obligation is disrupted from its inception until its termination, and to discuss the legal rules and theories for restoring the disrupted economic balance to a reasonable level, so that we may see the extent of their effectiveness or lack thereof, in light of the volatile economic conditions that the world is going through, and the extent of their impact on the imbalance under discussion, without the need to delve into the details of each of those .