Hypotheses derived from the new French civil code of the doctrine role in making the legal rule.

Authors

  • أ.د. مصطفى مالك كلية العلوم القانونية والاقتصادية والاجتماعية. جامعة القاضي عياض (مراكش- المغرب)

Keywords:

الفقه , إنشاء القاعدة القانونية , التفاوض على العقد , حوالة العقد , مضمون العقد

Abstract

The Napoleonic Code lasted a long time, during which it was able to control civil relations between individuals, especially transactions in the section of contracts and obligations, and its rules, in this case, continued to address the current and new hypotheses, until the vision of the amendment was completed, according to the French legislator, and it became clear, to him, the need to reform the chapter on obligations and contracts. The legislator did not want to dominate the reform content, but was aware of the role of doctrine in the production of this content, so he commissioned, for this purpose, a group of civil law jurists, to decide on the development of obligations and contracts, who extracted, after a time of consideration and investigation, draft preliminary laws, which constituted a source or preliminary material for several hypotheses or models in the French Civil Code.

Published

2024-06-01

How to Cite

مالك أ. م. (2024). Hypotheses derived from the new French civil code of the doctrine role in making the legal rule. مجلة العلوم الشرعية والقانونية, 12(01), 25–49. Retrieved from https://jls.elmergib.edu.ly/index.php/jls/article/view/81