Revue Algérienne des Sciences Juridiques et Politiques
Volume 62, Numéro 2, Pages 90-104
2025-06-10
The New Look Of The Contract's Guiding Principles
Authors : Atmani Bilal .
Abstract
Contract theory is currently undergoing upheavals in relation to its guiding principles, which are helping to reunite the theory in both its legal and social aspects by giving concrete expression to a form of economic efficiency of the contract, which is essential to its survival. The doctrine, case law and legislation have all contributed to the instability of contract theory, also known as the ‘crisis of the contract’. Given the impasse in the debate between conservative and modernist doctrine, each of which believes that the way out of the crisis is to apply its own ideology, the consensual option remains an escape route, at least for the time being.
Keywords
Titre : The new look of the contract's guiding principles Résumé : Contract theory is currently undergoing upheavals in relation to its guiding principles, which are helping to reunite the theory in both its legal and social aspects by giving concrete expression to a form of economic efficiency of the contract, which is essential to its survival. The doctrine, case law and legislation have all contributed to the instability of contract theory, also known as the ‘crisis of the contract’. Given the impasse in the debate between conservative and modernist doctrine, each of which believes that the way out of the crisis is to apply its own ideology, the consensual option remains an escape route, at least for the time being. Mots clés : contract; guiding principles; good faith; party autonomy binding force ; guiding principles ; good faith ; party autonomy ; binding force ; contract ; guiding principles ; good faith; party autonomy, binding force ; guiding principles ; good faith ; party autonomy ; binding force ; contract ; guiding principles ; good faith ; party autonomy ; binding force Auteurs : ATMANI Bilal, Université de Béjaia, atmanibillal2@gmail.com, ALGÉRIE ; contract ; guiding principles ; good faith ; binding force ; party autonomy
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