Contract validity theory in Modern French Civil Legislation and objective consideration (Part II)
Prof. Mohammed Irfan Al Khatib
Professor of Civil Law – Department of Law – Ahmed bin Mohammed Military College – Doha – Qatar & Faculty of Law – University of Damascus – Syria
Abstract:
After the publication of the first part of this research, which includes the presentation of the subject of the research, in addition to the first part of it entitled: «Theory of contract health and personal consideration» – in the previous issue, we present in this issue of the second section of the research, which deals with the second section, entitled: «contract validity theory and objective consideration», in addition to the conclusion of the research and its checklist.
This section deals with the constant and changing explanation of the theory of contract validity in modern French civil legislation, on the substantive level, concerning the contract itself, the subject of the contractual process, between its quaternary concept in the previous civil law and the tripartite law of the new civil law. The reason, in favor of a new concept, is «content of the contract», which has been reinforced by substantive consideration, based on the notion of content of assured and legitimate performance, at the same time that the personal consideration of the content was dropped by dropping the theory of reason from its vocabulary and replacing it with the idea of: ‟expected and hoped”.
Keywords: the new French civil law, contract validity theory, the elements of the contract, the content of the contract and the project, the objective consideration of the validity of the contract.