International Review of Law (Apr 2021)
Contract theory in the amended French civil code and in Qatari Civil code: A comparative study
Abstract
This paper seeks to determine the relationship between the Qatari Civil Code of 2004 and the French Civil Code; as the Qatari Civil Code is influenced by the provisions of the French Civil Code prior to the 2016 reform concerning the theory of contract through the Egyptian Civil Code. The relationship between the new vision of the contract theory of 150 articles enforced since 2016 and included in Part III of Book III of the Civil Code amended by the 2018 Law, and the contract theory introduced by the Qatari legislature under the Civil Code of 2004 must be explored. Such a step should help Law researchers explore the effect of the amendment on the depth of the links between the French civil law and the Qatari law, as well as help discover the fields of developing the contract theory in the Qatari civil law based on the amendments in the French civil law. This study seeks to reflect or address the renewal of the contract theory as set out in the amended French Civil Code, compared with the provisions of the Qatari Civil Code both with regard to the general conception of the contract theory and with respect to the specific provisions relating to the contract. This research paper comes up with recommendations to the Qatari civil law legislator, pointing statements enforced by the amended French civil law to be adopted by the domestic civil Law code, and explaining why other provisions should be ignored in the Qatari civil Law, since they do not match the specificity of the Qatari society and are not appropriate to the regulation of contractual relations in Qatar.
