مضمون العقد في ضوء التعديلات الحديثة للقانون المدني الفرنسي : دراسة مقارنة بالفقه المالكي

الملخص EN

The decree law no.131 of 2016 issued on 10 February 2016 has come up with a new amendment to the conditions of Contract Law in accordance with article 1128 of the civil code.

The following conditions are necessary for the validity of a contract: (1) the consent of the contracting parties; (2) the capacity to contract; and (3) the legality and certainty of the contract content.

One of the most significant amendments made to the French Civil Code was the removal of the terms object and cause and their replacement by the new Contract Content term.

The French legislator regulated the content of the contract in article (1161-1171) of the French civil code.

The French law was influenced by Maliki jurisprudence, and this seemed clear through examination of the terms of the contract.

The French legislator, however, disagreed with Maliki jurisprudence in article (1162) of its Civil Code.

He also disagreed with the adhesion of contracts, because it is a modern idea that was imposed by the developments and practical economic needs in this field.