الدعاوى الاستفهامية في قانون العقود الفرنسي الجديد كآلية لتحقيق الأمن التعاقدي

الملخص EN

This paper analyzes the interrogatory actions as a legal mechanism in the New French Contract Law, by ordinance n° 2016 – 131 of February 10, 2016.

Three interrogatory actions have been applicable in the reform: (1) art.

1123 for third-party under the provisions of pre-emption agreement, (2) art.

1158 for third-party under the provisions of contractual representation, and (3) art.

1183 for the contracting party against the party who sought relative nullity under the provisions of nullity.

This study concludes that the interrogatory actions were the culmination of the major reform process that affected the contract theory, including the codification of pre-emption agreement and representation, which were not considered in the Napoleonic Code as well as the adoption of a modern theory of nullity.

Indeed, interrogatory actions acted as a mechanism that preserves the contracts stability, achieves legal security, strengthens the attractiveness and competitiveness of the French Law.