تضخم المحتوى الإجباري للعقد

الملخص EN

The concepts of individualism and freedom are no longer among the foundations that drive the law, since it entered the stage of the social function, which the legislator, with the aim of achieving it, has turned towards concern for the public interest, social solidarity and protection of the weak party in the contractual relationship, so the contract no longer has legal value unless it is employed in the service of society.

The status of the contractor has ceased to have its previous effect on the general theory of the contract, for the will of the contractors alone is not sufficient to establish the obligation, since the freedom of the individual began to be exercised within the framework of the group, given that it is a freedom with a social function, and as a result of technical and economic developments, and the accompanying complexity in goods and services, the state was forced Modern, to interfere with the content of the contract, through legislation and the judiciary, and imposed compulsory obligations in the contract originating from private legislation; A protection for the weak party, as long as the contract between a strong party monopolizes technical expertise, and another with a weak experience in need of contracting, does not actually achieve contractual balance between the parties, which generated an inflation of compulsory contractual obligations at the expense of voluntariness, and was reflected in the result on the general principles of contract theory, such as authenticity, relativism and the type of Liability and compensation.