Incomplete Contracts In Civil Law (A Comparative Analytical Study)

Abstract

An incomplete contract is a second type of contract from the point of view of the theory of economic analysis of the contract. The contract may be complete, or it may only be incomplete, when its parties do not intend to include all the supplementary contractual clauses that the law has given them wide scope to regulate, in contrast to some of the conditions that must be specified in the beginning. This is a theory that has its eminence in the field of economic literature, from which economics, trade, and companies have benefited. Therefore, talking about the perfection and imperfection of a contract is dependent on that contractual will, which no matter how much the legislator tries to curb it and break its power - with its meaning and provisions - it is still difficult to appear before the legislator’s anvil in all contracting circumstances.

       The theory of the incomplete contract is effective in confronting many contractual crises. It may rescue a contract from inevitable termination, and life may be written for the contract that cannot be destined to be born properly and with all its components. However, with both of these, it is a theory that has its merits and has its drawbacks, so it has not been spared. It is one of the arrows of criticism, but nevertheless it has a presence in Western jurisprudence that is more noticeable than in Arab jurisprudence, which did not pay attention to it.