أثر اختلاف التعبير عن القصد الحقيقي للتعاقد

دراسة في فقه المعاملات و القانون المدني الليبي

Abstract

In this research, I dealt with the apparent will over the hidden will in civil transactions, a comparative study between positive law and Islamic jurisprudence. It is agreed that the will has an important role in the formation of contracts, their creation and their conclusion in Islamic law and positive law alike, and the will is divided into two parts, a real will, which is the inner will that is not seen, and an apparent will, which is justified by expression or what takes its place. The study was divided into two parts, the first part dealt with the position of the jurists of Islamic law and the statement of their opinions in favoring one of the two wills over the other, as well as dealt with legal jurisprudence in the framework of the theory and by addressing the famous legal systems such as the Latin system and the Anglo-Saxon system (also the position of man-made legislation) from the two theories down to the The position of the Libyan civil law. In the second section of the research, I dealt with the applications of the difference between the apparent will and the hidden will in financial transactions in Islamic law and the Libyan civil law.