النظام القانوني للمفاوضات السابقة على التعاقد : دراسة في القانون المدني الفرنسي رقم 2016-131

Abstract EN

The negotiations of the pre contract phase haven't attracted the attention of the French legislator only in 2016, although it links the contracting parties and leads to the conclusion of the contract.

In response to the demands of the judiciary, the French legislator took the initiative to amend the Contract Law, Public Order and Proof Obligations under Ordinance 2016-131 issued on February 10 th, 2016.

As well as to regulate the provisions of this important stage, and made civil liability a penalty for violating the rules of this stage.

The French legislator emphasized that the rules governing pre contract negotiations represented in the freedom to negotiate in good faith, the duty to provide information as well as maintain the confidentiality of information are self contained and completely independent of those resulting from the conclusion of contract.

The rules mentioned above, are guarantees to protect the negotiator and ensure the good preparation of the final contract.