إشكالية الأهلية القانونية في مرحلة التفاوض

الملخص EN

It is known that (legal capacity / La capacité juridique) is the ability of a person to acquire rights and exercise the prerogatives attached to them,it is an ability of a person to be the holder of rights (The capacity to enjoy/La capacité de jouissance) and to exercise them (The capacity to exercise/La capacité d'exercice).

It is one of the general rules that comparative jurisprudence and the court adheres its provisions, but in light of the division of comparative jurisprudence and judiciary in the different legal systems in determining the legal nature of the negotiations, between being merely material facts (tortious nature) and being legal act (contractual nature), on the one hand, and what has been adopted by the amendments to the general rules in some countries, especially, the amendments made by the French legislator to the general rules of French civil law, in creation of the legal regulation of the pre-contract negotiation phase, on the other hand;We have a problem of legal capacity in the negotiating phase, as it requires in the process of concluding contracts, requires that the negotiating person be legally competent,i.e.Which is the capacity of the contract that governs the implement of all legal acts, required in the moment of conclusion of the contract, which is the moment when the capacity to contract,and here the problem, in determining the legal adaptation of legal capacity in the negotiating stage,is it capacity to negotiate or capacity to contract or (The capacity of negotiator to conclude the contract / La capacité du négociateur de contracter).