Pre-Contractual Negotiations in the Jordanian Civil Code: A Comparative Study

Abstract

This research paper examines the legal framework governing pre-contractual negotiations in Jordanian civil law, in a comparative context with the recent amendments to the French Civil Code introduced by Decree No. 131-2016 dated February 10, 2016. The study focuses on the obligations imposed on the parties during the negotiation phase, their legal nature, the basis of liability arising from a breach of these obligations, and the legal consequences of such a breach.

Upon reviewing the Jordanian Civil Code, it becomes evident that the Jordanian legislator has not explicitly regulated this phase or the obligations arising therefrom. Therefore, the study recommends that the Jordanian legislator follow the example of the French legislator by establishing a legal framework for pre-contractual negotiations. Such regulation is essential to eliminate ambiguity, keep pace with scientific and technological developments, meet modern legal needs, and, most importantly, ensure legal stability and security.