الحماية القضائية من الشروط التعسفية في عقود الاستهلاك

الملخص EN

The principle upon which contracts are based is mutual consent between the two parties to the contract, and if this important element is disturbed, it spoils and does not result in any effects.

Nowadays, types of contracts that are associated with unfair and arbitrary conditions have spread that affect this pillar, as well as the so-called compliance contracts that are unique.

In it the stronger party who provides a service or a monopolistic commodity by imposing his conditions which are often achieved in his interest and always harm the recipient, whose role in concluding the contract is limited to acceptance or rejection.

It is noticeable that there is a deficiency in some legal principles, such as the principle of good faith, the theory of reason, and defects of the will, especially injustice and exploitation in restoring the balance between the two parties to the contract, so the judiciary plays a prominent role in facing the arbitrary conditions.

It plays an important role in explaining arbitrary conditions on the one hand, and amending or excluding them on the other hand, in addition to arranging civil and penal sanctions.