THE PRE-CONTRACTUAL DUTY OF DISCLOSURE IN THE PALESTINIAN CIVIL CODE DRAFT AND ITS ROLE IN MAINTAINING ECONOMIC CONTRACTUAL EQUILIBRIUM

• Published in: UUM journal of legal studies 2021-01, Vol.12 (Number 1), p.119-156
• Main Authors: Mohammad Amayreh, Osama Ismail, Mohamad Zakri, Izura Masdina, Tehrani, Pardis Moslemzadeh, Shandi, Yousef Mohammad
• Format: Article
• Language: English
• Subjects: Duty of Disclosure, Pre-Contractual Obligations, Palestinian Civil Code Draft, Economic Contractual Equilibrium, Negotiation Phase
• ISSN: 2229-984X; 0127-9483
• DOI: 10.32890/uumjls2021.12.1.6

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.