La question de la définition du contrat en droit prive: essai d’une théorie institutionnelle

Hervé Magloire Moneboulou Minkada ()
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Hervé Magloire Moneboulou Minkada: Faculty of Law and Political Science, University of Douala,Cameroon

Juridical Tribune - Review of Comparative and International Law, 2014, vol. 4, issue 1, 88-128

Abstract: Classically, the root of the contract is the agreement of the contracting parties. That is why, sometime people consider the contract as the agreement of the contracting parties. However, the agreement is not the contract. The both are different. In fact, if for the contracting parties there is a contract after an agreement, for the law there is a contract when the agreement of the contracting parties respects the frame previewed by the law. That is why the contract must be an institution. This view of the contract enables to have another meaning and to gather the keys ideas of the different opinions on the meaning of the contract. Thanks to the contract as an institution, we can no longer be afraid of the crisis of the contract.

Keywords: contract; private law; autonomy of will; contractual solidarity (search for similar items in EconPapers)
JEL-codes: K12 (search for similar items in EconPapers)
Date: 2014
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Citations: View citations in EconPapers (1)

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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:4:y:2014:i:1:p:88-128

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