@article{Mohammad Amayreh_Mohamad Zakri_Tehrani_Shandi_2021, title={THE PRE-CONTRACTUAL DUTY OF DISCLOSURE IN THE PALESTINIAN CIVIL CODE DRAFT AND ITS ROLE IN MAINTAINING ECONOMIC CONTRACTUAL EQUILIBRIUM}, volume={12}, url={https://e-journal.uum.edu.my/index.php/uumjls/article/view/uumjls2021.12.1.6}, abstractNote={<p>Many recent legislations and international principles tend to apply the pre-contractual duty of disclosure as one of the most substantial principles governing the pre-contracting phase, such as Article 1112-1 of the Amended French Civil Code of 2016, Article 1337 of the Amended Italian Civil Code and Article 13 of chapter 2 of the Common European Sales Law, etc. However, the Palestinian legislature has ignored enacting legal provisions imposing the pre-contractual duty of disclosure which causes legislative deficiencies in the legislative remedies of the subject of pre-contractual duty of disclosure. In this regard, this paper suggests orientations for the formulation of the provisions of the pre-contractual duty of disclosure in the Palestinian Civil Code Draft (PDCC). To do so, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the urgent need to legislate a legal article which obligates the negotiating party to disclose any substantial information for the satisfaction of the other party. As such, the contractual equilibrium entails that the pre-contractual duty of disclosure has its own independent essence from all the theories that the jurisprudence adopted as a legal basis for this duty.</p>}, number={1}, journal={UUM Journal of Legal Studies}, author={Mohammad Amayreh, Osama Ismail and Mohamad Zakri, Izura Masdina and Tehrani, Pardis Moslemzadeh and Shandi, Yousef Mohammad}, year={2021}, month={Jan.}, pages={119–156} }