The role of realism in civil contracts A comparative study between the legislative text and practica

Abstract

: WHAT is meant by legal realism is: “the standard that determines the general orientation that the judge is guided by when ruling and gives him an idea about the purpose or goal of enacting the law.” That is, making truth and reality part of the judicial ruling and the practical reality in many legal rulings related to civil contracts, whether they are at a stage. Preparation, agreement, implementation, or in the event of a dispute arising before a judge the primary goal of the study lies in linking the judiciary to legislation to make legal actions closer to practical reality than the theoretical (legislative text), as the legislative text or legal rule, although characterized by its generality and abstractness, is often unable to address some images. Given the legal shortcomings that cause many legal problems or difficulty in finding solutions, in most cases the role of the judge is not limited to taking into account only the conditions and circumstances of the dispute before him. Rather, it goes beyond that, meaning that the legislator anticipates paving the way and setting the basic lines towards more just and realistic legislation, and thus contributes to the making of the law. The legal amendment to the French Contract Law came under Decree No. 131 of 2/10/2016, which was ratified by Law No. 278 of 20 /4/2018 With new standards and foundations that make reality a part of legal behavior and civil contracts. Accordingly, we will discuss the field of realism in contracts and the legal standard of realism in civil contracts.