Contract Formation In Egypt Under The Civil Code

Contract formation in Egypt is primarily governed by the Egyptian Civil Code (Law No. 131 of 1948), which adopts many principles from the French Civil Code but with distinctive local nuances. While the general theory of obligations governs offer and acceptance, practical complications often arise—especially in cross-border negotiations or where parties exchange differing sets of standard terms, a situation commonly referred to as the "battle of the forms."

Offer and Acceptance in Egyptian Contract Formation

Law No. 131 sets out a clear but nuanced framework for the creation of contracts. Its provisions, found primarily in Articles 89 through 98, reflect a synthesis of Roman–French civil-law theory and Egyptian judicial interpretation. The essence of contract formation lies in the meeting of wills, a genuine alignment between offer and acceptance on all essential elements.