Comparative Study of Conceptual Transformations of Contracts in French Law and Afghan Law

Abstract

Contract is one of the key terms in contract law and obligations. So far, no comprehensive definition has been provided for this term. The French Civil Code, which is the oldest civil law in existence, has revised the definition of this concept and has made significant changes to the scope and concept of contracts in recent reforms. In this paper, the new definition of a contract in French law is analyzed and compared with the definition in Afghan law, examining the differences and similarities. The findings indicate that the changes in the new French law are in line with the time and demands of the era. In terms of comparison between the two definitions in Afghan and French law, the definition in French law has advantages over the definition in the Afghan Civil Code from certain perspectives, while at the same time, the definition in the Afghan Civil Code has its own merits.