English abstract
The condition of exemption from contractual liability is one of the edited
conditions of contractual liability. This condition is considered as exceptional in the law
of Oman, as well as in the Egyptian law. Although this condition is Applied in both
laws, there isn't ultimate freedom to set this condition by the contracting parties. Rather,
the exemption condition of contractual responsibility is according to public order,
public morals, and the contract clauses.
The result of this valid condition is to transfer the burden of proof to the creditor.
Plus, to deny the contractual responsibility to the debtor. It is impacted by this condition
from the contracting parties on the successors and third parties. One of the effects of the
invalid exemption condition is that the condition is invalid, while the contract remains
valid as long as this condition isn’t a motive for contracting. Otherwise, the contract is
invalid according to the provisions law of Oman. The Egyptian law remains unspecified
on the effect of the condition of exemption from invalid contractual liability, except in
some of its rules.
