مضمون العقد كركن جديد من أركان العقد في القانون المدني الفرنسي : دراسة تحليلية مقارنة بالقانون الإنكليزي و العراقي

Abstract EN

The content of the contract is considered as a new basic element of the contract in the French civil code، after the which the French legislator introduced as a reform to the civil code of 1804، and particularly to the contract law and of the obligations’ general and evidence rules.

According to the ordinance n° 2016-131 dated February 10، 2016.

And came into effect on 10 february 2016.

And the most important of which may be the addition of the article (1182) to the civil code، which determined such three basic elements to the validity of the contract as the consent، the capacity to contract، and the licit and certain content of the contract.

And cancelled the old article (1108) ..

And although the English common law has not included the cause as an independent basic element of the contract، but it made up for it by the element of the consideration، and such other doctrines as illegality، frustration.

Whereas the Iraqi Civil law No.

(40) of 1951 is still abide by the element of cause as an independent basic element of the contract، as wll as the elements of the consent and object.

But the alternatives are available to get rid of the element of cause.