Concern for the protection of the weak party is a characteristic of contemporary French contract law. In the area of the obligation to provide information, the question arises as to what criterion should be applied to distinguish the weak party from the one placed in a position of power: On what basis is the party in the inferior position protected by jurisprudence and by the legislator in the face of their (stronger) partner? The principle applicable to the body of pre-contractual and contractual obligations relating to the disclosure of information is the degree of knowledge that one of the contracting parties has about the other. This widespread and objective concept of the layman as proposed by jurisprudence is indirectly accepted by legislators through the use of the term ‘non-professional’. According to the jurisprudential criterion, the professional consumer who acts beyond his/her competence when concluding a contract may be regarded as a ‘non-professional’ in order to benefit from legal and judicial protection, provided through the obligation to disclose information.
Ghasemi Hamed, A. (2014). Non-professional, the obligie of obligation to inform in contract in french law. Comparative Law Review, 5(1), 229-243. doi: 10.22059/jcl.2014.51536
MLA
Abbas Ghasemi Hamed. "Non-professional, the obligie of obligation to inform in contract in french law", Comparative Law Review, 5, 1, 2014, 229-243. doi: 10.22059/jcl.2014.51536
HARVARD
Ghasemi Hamed, A. (2014). 'Non-professional, the obligie of obligation to inform in contract in french law', Comparative Law Review, 5(1), pp. 229-243. doi: 10.22059/jcl.2014.51536
VANCOUVER
Ghasemi Hamed, A. Non-professional, the obligie of obligation to inform in contract in french law. Comparative Law Review, 2014; 5(1): 229-243. doi: 10.22059/jcl.2014.51536
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