Les conditions générales de formation du contrat dans la jurisprudence libanaise – l’objet, la cause, les vices du consentement –

Abstract

The general conditions for the formation of the contract in the Lebanese case law
The Lebanese lawmaker enacted the general conditions for the formation of the contract in Articles 186 and following of the Code of Obligations and Contracts. However, here as elsewhere, the legislative work had to be supplemented by case law.
The analysis of the case law relating to the substantive conditions required for the formation of the contract, has allowed to identify the most significant points of litigation in this area, to list the solutions given by the courts and to infer their general guidelines. The Lebanese statutory and case law on contracts has also been appreciated with regard to the evolution of the French law of the contracts resulting from the ordinance of February 10, 2016.
Eager to ensure the stability of contractual relations, Lebanese case law retains a narrow view of the grounds for contracts’ nullity. Courts are not, however, insensitive to the requirement of good faith in the formation of the contract. This was found with regard to the subject matter, to the cause and to the assessment of the consent’s defects, which are successively dealt with in the three parts of this paper.

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