The French legislative Reform of Contract Theory: Legalization and Legislative Drafting Glimpses of Some Novelties
Dr. Ashraf Jaber
Professor of Civil Law – School of Law – Helwan University – Egypt
Abstract:
Decree No. 131/2016 was issued in France to carry out the most important and broad legislative reforms defined by French Civil Law since its promulgation more than two hundred years ago, and specifically in the theory of Commitment, based on the principles of legal security and contractual justice and contractual honesty, and in conformity with the principles of European laws in the field of contracts.
In addition, it has developed many principles and provisions through which it can establish a framework on the main contractual obligation to protect it in the face of any conditions that deprive it of its nature, and to support the protection of the obliging party in the face of arbitrary conditions, and to allow the contractors – sometimes – to manage the contract away from the judge’s authority, in exchange for granting the latter – in other times – authorities that have not been previously granted to him.
This paper deals with some aspects of this legislative reform, including observations, analysis, criticism and comments. This is considered a first step in a path that requires extensive efforts in studying the aspects of this reform. It will inevitably lead to supporting Arab legal reform in the area of obligations, admittedly, as the French civil law is the historical source of many of them.