The content of the contract as a new pillar of the contract in the French civil law analytical study compared to English and Iraqi law
The<strong> content of the contract</strong> 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 evi...
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| Format: | Article |
| Language: | Arabic |
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University of Mosul College of Law
2019-09-01
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| Series: | الرافدین للحقوق |
| Subjects: | |
| Online Access: | https://alaw.mosuljournals.com/article_163118_9df4f567cecb03fc3826bfe62be19958.pdf |
| _version_ | 1819048685702479872 |
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| author | younis almktaar |
| author_facet | younis almktaar |
| author_sort | younis almktaar |
| collection | DOAJ |
| description | The<strong> content of the contract</strong> 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. |
| first_indexed | 2024-12-21T11:20:11Z |
| format | Article |
| id | doaj.art-cc18e2fa46f646b985af8505ed131dfd |
| institution | Directory Open Access Journal |
| issn | 1819-1746 2664-2778 |
| language | Arabic |
| last_indexed | 2024-12-21T11:20:11Z |
| publishDate | 2019-09-01 |
| publisher | University of Mosul College of Law |
| record_format | Article |
| series | الرافدین للحقوق |
| spelling | doaj.art-cc18e2fa46f646b985af8505ed131dfd2022-12-21T19:05:48ZaraUniversity of Mosul College of Lawالرافدین للحقوق1819-17462664-27782019-09-01216815910.33899/alaw.2019.163118163118The content of the contract as a new pillar of the contract in the French civil law analytical study compared to English and Iraqi lawyounis almktaar0Faculty of Law and International and Diplomatic Shutdowns / Ceyhan UniversityThe<strong> content of the contract</strong> 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.https://alaw.mosuljournals.com/article_163118_9df4f567cecb03fc3826bfe62be19958.pdfcivil contractenglish civil law- french civil law |
| spellingShingle | younis almktaar The content of the contract as a new pillar of the contract in the French civil law analytical study compared to English and Iraqi law الرافدین للحقوق civil contract english civil law- french civil law |
| title | The content of the contract as a new pillar of the contract in the French civil law analytical study compared to English and Iraqi law |
| title_full | The content of the contract as a new pillar of the contract in the French civil law analytical study compared to English and Iraqi law |
| title_fullStr | The content of the contract as a new pillar of the contract in the French civil law analytical study compared to English and Iraqi law |
| title_full_unstemmed | The content of the contract as a new pillar of the contract in the French civil law analytical study compared to English and Iraqi law |
| title_short | The content of the contract as a new pillar of the contract in the French civil law analytical study compared to English and Iraqi law |
| title_sort | content of the contract as a new pillar of the contract in the french civil law analytical study compared to english and iraqi law |
| topic | civil contract english civil law- french civil law |
| url | https://alaw.mosuljournals.com/article_163118_9df4f567cecb03fc3826bfe62be19958.pdf |
| work_keys_str_mv | AT younisalmktaar thecontentofthecontractasanewpillarofthecontractinthefrenchcivillawanalyticalstudycomparedtoenglishandiraqilaw AT younisalmktaar contentofthecontractasanewpillarofthecontractinthefrenchcivillawanalyticalstudycomparedtoenglishandiraqilaw |