Developing Pakistani Contract Law Regarding Gender Equality Issues The Lessons of Comparative Contract Law Questions of Anglo-Saxon and Continental European Legal Systems

Abstract

The legal provisions of a contract vary from one country to another, therefore, forming a contract between parties from various legal systems runs the risk of a fault or imperfection in the formation of a contract, which might affect one party’s rights in the event of a contractual dispute. Although both the continental and Anglo-Saxon legal systems employ similar legal theoretical techniques with regards to the interpretation of a contract, yet they differ in their meaning and applicability. Therefore, this study aims to develop a comparative analysis relating to the role of contractual legal techniques between the Contract law of Pakistan – an Anglo-Saxon country, and the European (EU) countries – continental law countries, especially Germany and France. Not only this, but the study also aims at comparing women’s general as well as the contractual status between the two different legal systems for the purpose of addressing issues of gender equality and proposing suitable recommendations. The thesis consists of four major chapters. Chapter 1 provides insight into the reasons for comparing contract law between two different legal systems. Chapter 2 focuses on the prevailing Shariah law and women’s rights in Pakistan at length. Chapter 3 highlights the need for a uniform European contract law and analyses several contractual theoretical legal techniques between Pakistan and the EU in a comparative method. Chapter 4 comprehensively compares the legal and contractual status of women in Pakistan and the EU to propose reforms in the existing unequal treatment of the female gender in Pakistan. Finally, Chapter 5 summarizes the entire thesis work compactly, providing solutions to existing problems in Pakistan either by proposing reforms and governmental initiatives.