"الجديد" في ركائز العملية التعاقدية في التشريع المدني الفرنسي : دراسة نقدية تأصيلية مقارنة

Abstract EN

The present research provides an originality academic attempt that endeavors to demonstrate the transformations that have taken place on the contract theory in the modern French civil legislation, in comparison to the case that was in the provisions of the former civil act, by deep legal analysis of two pillars of the contractual process: the principles of good faith and contractual will.

The new civil act supplies a different legal reading for these two pillars in the contractual process, whether in expanding the extent of the principle of good faith and reconsideration of the cause concept as one of the contract's pillar, or in reconsideration of the legal location of will as one of the pillars of the contractual process, in a way that enabled it to avoid a number of defects and shortcomings that used to encounter the contractual process regarding these two pillars in order to reach a legal contract immunized by good faith.

Furthermore> The New civvl Act will play a significant role in determining the effects of and outcomes of this contract.

In the first section of the research, we discuss the new related to good faith and its role in the contractual process, whereas we research in the second part what can be called the legal relocation of the will within this process.