Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The effect of European contract law on the reform of French law of obligations in the pre-contractual stage

Document Type : research

Authors
1 PhD Student in Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 Associate Professor Department of Private Law, Faculty of Administrative Sciences and Economics, Isfahan University, Isfahan, Iran.
3 Professor Department of International Trade Law, Faculty of Law and Political Science, Shahid Beheshti University, Tehran, Iran.
4 Professor Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
10.22034/ejs.2022.349238.1257
Abstract
Background and Aim: The Principles of European Contract Law (PECL) and the Principles of International Commercial Contract (PICC) consist of a comprehensive set of contract-related rules that apply to contract litigation, regardless of the legal system in each country.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: In fact, the principles and rules contained in the above-mentioned documents have had a significant impact on the reform of domestic law in the field of contracts. Most recently, the French Civil Code (1804), on October 1, 2016, coincided with the entry into force of Resolution No. 131-2016, for the first time, inspired by these principles, underwent a revolution in the 210-year structure of the provisions relating to French obligations. Most of these developments were due to the jurisprudence of the courts and the efforts of legal doctrines to bring domestic law into line with the PECL and PICC principles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: These amendments in the pre-contract stage include the formulation of provisions related to the principle of freedom of contract, the principle of good faith and the resulting duties, including the obligation to provide information, confidentiality and the inability to deviate from the requirement during the validity period.
Keywords