"الجديد" في أحكام المرحلة السابقة على التعاقد في التشريع المدني الفرنسي الحديث : دراسة نقدية تأصيلية مقارنة

الملخص EN

The present research provides an attempt that seeks to demonstrate the most significant transformations witnessed by the Contract Theory in the part related to the previous stage of contracting in light of the regulations of the New Civil Act, in accordance with a contrastive analytical originality legal study of the aforesaid act in comparison with the regulatory texts of the Contract Theory in the shadow of the regulations of the previous Civil Act and the Bill that prepares for it.

The present study is carried out by analyzing and interpreting the provisions of the New Civil Act related to this stage in parallel with the provisions of the Bill that prepares for it on the one hand, and the provisions of the previous Civil Act on the other.

All of these procedures are made according to the philosophical plan adopted by the New French Civil Legislation that approaches this stage between the two issues of breaching the legal or contractual obligations.

The research showed how the New Civil Act was able to deal with numerous points that used to involve the contractual process in the previous Civil Act, particularly in its part related to the previous stage of contracting, which was the place of severe criticism by the French and European jurisprudents, so that the various stages of contracting became codified in the new legal text without exclusion of any of those stages.

It could be said safely that the New Civil Act in its present text has been able to provide for a contracting theory integrated to a large extent that avoided a lot of criticisms that it used to encounter that stage in the previous Civil Act, reaching a contracting structure of full bases to a certain extent, that acknowledged the previous stage of contracting, considered as one of the constituents of the negotiation contractual process to reach a safer and clearer legal contract.