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

Author

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  • Hervé Magloire Moneboulou Minkada

    (Faculty of Law and Political Science, University of Douala,Cameroon)

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.

Suggested Citation

  • Hervé Magloire Moneboulou Minkada, 2014. "La question de la définition du contrat en droit prive : essai d’une théorie institutionnelle," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 4(1), pages 88-128, June.
    • Handle: RePEc:asr:journl:v:4:y:2014:i:1:p:88-128
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    File URL: http://www.tribunajuridica.eu/arhiva/An4v1/6Minkada.pdf
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    Citations

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    Cited by:

    1. Etienne Mbandji Mbena, 2016. "La contractualisation des rapports pecuniaires entre epoux en droit camerounais," Juridical Tribune (Tribuna Juridica), Bucharest Academy of Economic Studies, Law Department, vol. 6(1), pages 84-99, June.

    More about this item

    Keywords

    contract; private law; autonomy of will; contractual solidarity;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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