THE LEGAL ISSUES OF THE PRE-CONTRACTUAL PHASE -COMPARATIVE STUDY-
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Abstract
This study addresses the pre-contractual phase, aiming to highlight the key legal issues that arise during this stage. Often lacking explicit legislative solutions, these issues raise many questions about their legal resolutions. The first section discusses the legal significance of defining the nature and timing of negotiations. The second section focuses on the legal obligations of the negotiating parties during the negotiation phase.
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References
In Arabic:
First: Legal Texts
Algerian Civil Code
Civil Code of the Quebec Province issued in 1994.
Second: Books
Belhaj Arabi, The Legal Aspects of the Pre-Contractual Phase: A Comparative Juridical Study in Light of the Algerian Civil Code, Dar Houma, Algeria, 2014.
Jacques Gistant, translated by Mansour Al-Qadi, The Comprehensive Civil Law, 1st ed., University Foundation for Studies, Publishing, and Distribution, Lebanon, 2000.
Abdel Halim Al-Qouni, Good Faith in Transactions in Islamic Jurisprudence and Civil Law, Dar Al-Matbou’at Al-Jami’iyya, Alexandria, Egypt, 2010.
Haldir As’ad Ahmed, introduction by Muhammad Suleiman Al-Ahmad, The Theory of Fraud in Contracts: A Comparative Analytical Study in Civil Law, Dar Al-Kutub Al-Ilmiya, Beirut, Lebanon, 2011.
Younes Salah El-Din Ali, Preliminary Contracts, Dar Al-Kutub Al-Qanuniya, Dar Shatat for Publishing and Software, Egypt, 2010.
Third: Theses and Dissertations
Zaitouni Fatima Zahra, The Principle of Good Faith in Contracts: A Comparative Study. PhD thesis in Private Law, Faculty of Law and Political Science, University of Tlemcen, 2017-2018.
Mohammad Khaidar Nashmi, The Legal System of Preliminary Negotiations for Contracting, Master’s thesis, Middle East University, Jordan, 2013-2014.
Fourth: Articles
Muhammad Abdel Zahir Hussein, The Legal Aspects of the Pre-Contractual Phase, Journal of Law, No. 2, University of Kuwait, 1998.
Nasrallah Sadiq, Muhammad Badreddin, The Negotiation Phase and Its Impact on Achieving Contractual Security in International Investment Contracts, Journal of Law and Political Science, published by the Faculty of Law and Political Science, University Center of Naama, Vol. 9, No. 1, 2023.
In French:
First: Legal Texts
French Civil Code modified by Ordinance 2016-131 of February 10, 2016.
French Civil Code modified by Law 2018-287 of April 20, 2018.
Second: Books
J. MESTER, The Requirement of Good Faith in Contract Conclusion R.T.D.C; 1989.
Third: Theses
Claire Poitevin, The Pre-Contract in Author Contract Law, PhD thesis, University of Avignon, Faculty of Law, 2011.