5 - Formality

In chapter 2 we discussed contract formation in general, whereas here we shall dive deeper into formality and delivery in particular. Before doing so, we need to lay the foundations by which to evaluate the legal impact of formality and delivery on civil and commercial contracts. It will be recalled that under the civil law tradition, contracts are predicated on three general pillars, namely: (i) consent, consisting of offer, acceptance and intention to be legally bound; (ii) subject-matter; and (iii) cause. In addition, there may, although not necessarily, exist two further requirements (special pillars), namely: (iv) formality; and (v) delivery.

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Published in: Contract Law of Qatar
License: https://creativecommons.org/licenses/by-nc/4.0/
See chapter on publisher's website: https://dx.doi.org/10.1017/9781009052009.006