Mohammad Amayreh, Osama Ismail, Mohamad Zakri, Izura Masdina, Tehrani, Pardis and Shandi, Yousef Mohammad (2021) THE PRE-CONTRACTUAL DUTY OF DISCLOSURE IN THE PALESTINIAN CIVIL CODE DRAFT AND ITS ROLE IN MAINTAINING ECONOMIC CONTRACTUAL EQUILIBRIUM. UUM Journal of Legal Studies, 12 (Number). pp. 119-156. ISSN 2229984X
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THE PRE-CONTRACTUAL DUTY OF DISCLOSURE IN THE PALESTINIAN CIVIL CODE DRAFT AND ITS ROLE IN MAINTAINING ECONOMIC CONTRACTUAL EQUILIBRIUM.pdf - Published Version
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Abstract
Abstract
Many recent legislations and international principles tend to apply the pre-contractual duty of disclosure as one of the most substantial principles governing the pre-contracting phase, such as Article 1112-1 of the Amended French Civil Code of 2016, Article 1337 of the Amended Italian Civil Code and Article 13 of chapter 2 of the Common European Sales Law, etc. However, the Palestinian legislature has ignored enacting legal provisions imposing the pre-contractual duty of disclosure which causes legislative deficiencies in the legislative remedies of the subject of pre-contractual duty of disclosure. In this regard, this paper suggests orientations for the formulation of the provisions of the pre-contractual duty of disclosure in the Palestinian Civil Code Draft (PDCC). To do so, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the urgent need to legislate a legal article which obligates the negotiating party to disclose any substantial information for the satisfaction of the other party. As such, the contractual equilibrium entails that the pre-contractual duty of disclosure has its own independent essence from all the theories that the jurisprudence adopted as a legal basis for this duty.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Duty of Disclosure, Pre-Contractual Obligations, Palestinian Civil Code Draft, Economic Contractual Equilibrium, Negotiation Phase. |
| Related URLs: | |
| Depositing User: | Pardis M Tehrani |
| URI: | https://sure.sunderland.ac.uk/id/eprint/15579 |
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