الالتزام بالإعلام قبل التعاقد : دراسة مقارنة بين القانون المدني المصري والشريعة الاسلامية

Abstract

This study examines The Onus of Disclosure at the Pre-contractual Stage in the Egyptian Civil Law as compared to Islamic and other laws. The comparison has been undertaken individually, in which each issue is addressed separately. The descriptive analytical method is used to conduct the study pertaining to all levels of information until formation of the contract and placing signatures. The research finds that Egyptian civil law has benefited significantly from Western laws in general and French Law in particular. It also found that Egyptian Law of contract has no significant difference from laws of other Arab countries, due to the fact that these countries had generally drawn their laws from Egyptian Civil Law, beside Western laws. In addition, Egyptian Law differs from Islamic laws in terms of using “Halal and Haram” i.e. lawful and prohibited, as a vital element in formulation and execution of law. The presence of Islamic elements in Egyptian civil law is rare, which are found in a few areas only. The study suggests that the reason why Egyptian Law inclines to Western laws should be enquired into, along with the possibility of shaping its laws to be the role model for other Islamic and Arab states.