The Principle of Legitimate Foresight in Commercial Competition"A Comparative Study"

Abstract

There is no doubt that legal principles are constantly emerging and increasing noticeably, and the emergence of the principle itself is connected to certain events, so that its emergence has real reasons that called for its existence. Therefore, the emergence of the principle is often a jurisprudential issue that requires drawing the legislator’s attention to the usefulness of the principle and the necessity of regulating it. Among the important principles that have recently emerged is the principle of legitimate expectation. Whoever looks at the essence of this principle finds it serious in fulfilling the hopes of individuals within society, which resulted from the great interest shown by the public authority, as the promises made by the latter created in the souls of individuals a logical certainty that the state is greatly concerned with fulfilling the interests of individuals, which necessarily leads to societal security. Since this was the case and legal principles were free and unfettered, encompassing all legal branches and theories, it became important for us to stand on the application of this principle in the scope of commercial competitions, especially since the latter is beset by some difficulties and complexities which individuals hope to address in view of what the public authority shows in general, Whether this is referred to explicitly or implicitly, this has had an impact on the necessity of examining the nature and specificity of this principle and addressing whether it is related to public order or not, and whether commercial competitions and the laws regulating them, whether at the level of Iraqi or Egyptian legislation, are in dire need of implementing the principle of legitimate expectation.