A spotlight on the French Contract and Evidence Reform Act No. 131-2016 dated 10/02/2016 Amending the contract theory in the new Civil Code: Adoption and Impacts

Prof. Mohammad Arfan Alkhatib
Professor of Civil Law – Law Dept. Ahmad Bin Mohammad Military College – Doha – Qatar

Abstract:

This research presents an original academic attempt to show what is new in the Contract Theory in the French Civil Legislation in light of the provisions of the Contracts and Evidence Reform Act No. 131-2016 dated 10/02/2016, that amends the Contract Theory in the new French Civil Code, in terms of the preparatory work that accompanied the development of this law for the purpose of understanding the background of this act and the justifications and objectives that led to its identification and the desired hopes, and to the submission of the legal consequences that are resulted from this act.
The research confirmed that the lawmakers of the new law have succeeded to a large extent in proposing a legislative vision of an integrated and distinct legal contract theory that has managed to avoid many of the shortcomings and defects of the contractual process in the previous civil legislation, thus providing a legal model, often demanded by many jurists in the French and European societies.

Keywords: French Contract and Evidence Reform Act of 2016, Contract Theory, Commitment Theory, New French Civil Law.

Read Full PDF Text (Arabic)