The Moral Element in the Validity of Consent: A Study in Civil Law

Mujahid, Semsema Ibrahim Abdullah

doi:10.21608/zjac.2024.424059

The Moral Element in the Validity of Consent: A Study in Civil Law

Document Type : Original Article

Author

Semsema Ibrahim Abdullah Mujahid

Department of Private Law, Sharia and Law Branch, Faculty of Islamic and Arabic Studies for Female Students, Al-Azhar University, Cairo, Egypt

10.21608/zjac.2024.424059

Abstract

The Moral Element in the Validity of Consent:
A Study in Civil Law

Semsema Ibrahim Abdullah Mujahid
Department of Private Law, Sharia and Law Branch, Faculty of Islamic and Arabic Studies for Female Students, Al-Azhar University, Cairo, Egypt
Email: semsemamegahed.2057@azhar.edu.eg
Abstract:
This research aims to elucidate the role of the moral element in the validity of consent in contracts by examining the specific rules governing valid consent. It also explores the presence of the moral element in the laws concerning persons with limited legal capacity and its position within the theory of vices of consent. Egyptian civil law requires that the informed, defect-free will of the contracting parties be the basis for equality in contracts, ensuring that neither party benefits unfairly over the other. The moral element in legal principles forms a fundamental basis of the legal structure, reinforcing its authority; highlighting the moral aspect of legal texts makes the law’s provisions more accessible to those it addresses. This research demonstrates that the general rules of legal capacity embody ethical principles, with rules specific to those with limited capacity reflecting legitimate trust in dealings. It also shows that all vices of consent align with a general ethical philosophy aimed at ensuring stability in transactions, legal security, and fairness in contracts between the contracting parties, striving for a balance between them and the protection of the party whose consent is impaired.

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