إدراج الالتزام بالتبصير في إصلاح القانون المدني الفرنسي لسنة 2016 و أثره على نظرية الالتزام في القانون المدني الجزائري

الملخص EN

The doctrine of commitment in the Algerian Civil Code includes in terms of sources: voluntary sources (contract and unilateral will) and involuntary (Beneficial Act, Harmful Act and law), but the evolution of economic life has cast a shadow over the nature of the contracts, which have become complex in some Areas of particular concern to the financial and banking field, where the disparity between the parties to the contract is often seen in terms of the essential elements of the contract to be concluded, exposing the weaker party to the contract to the risk of abuse of the professional party, especially in the face of the weak legal guarantees provided by General rules before the conclusion of the civil contract.

The French legislator on the reforms of the French Civil Code in 2016 led to the inclusion of pre-contractual obligations, including the obligation to inform, which derives its compulsory force directly from the specific legal texts.

Thus, the Civil Code, as an involuntary source of obligation, is the direct source of the obligation to inform before contracting.

key words: Algerian civil code; French civil Code; Commitment theory; pre-contract obligations; obligation to inform.