The Role of French Jurisprudence in the Legislative Reform of Contracts Law
Dr. Yousef Shandi
Associate Professor in Civil Law – School of Law – Arab American University – Palestine
Abstract:
This article focuses on the role of French jurisprudence in the legislative reform of contracts law in France. The Decree No. 2016-131 of 10/02/2016 makes several amendments to the general theory of contracts in the Civil Code, it adopts most of the solutions identified by the case law in this matter.
As the number of these modifications is huge, the analysis by this article of the new legal provisions contained in this decree is limited to two subjects, namely the contract negotiation and the information obligation as well as their conditions of application and their effects. A critical analysis of the contents and terms of the legal provisions has been carried out in comparison with the relevant case law, in order to highlight the convergence and the divergence points, and to show when and why the legislator adopts solutions different from the judicial precedents.
By this decree, the French legislator acknowledges the dedication of justice for the majority of the solutions emanating from the courts in this matter, which means a real recognition by the legislator of the good quality of the judicial decisions, and reveals at the same time the undeniable relationship and complementarity between law and justice, while presenting the role of the judge in the creation of rules of law.