دور القاضي في تحقيق التوازن العقدي في عقود الإذعان

الملخص EN

This study aims to try to assess the positive role that the general rules of civil Law have conferred on the judge while he is in the process of settling disputes relating to contracts of adhesion, which constitutes an infringement of the principle of authority of the will based on granting the parties to the contract a freedom in determining the content of contacts.

It is a question of achieving a kind of balance in the financial performances of the parties due to the conditions imposed by the strong party.

Here, the positive rôle of the judge appears through the various powers that he draws from the provisions of the Civil Code, which are the power to modify arbitrary conditions, and the power to exempt the debtor in full, as well as the interpretation.

ambiguous and dubious clauses in the interest of the debtor, regardless of his status as creditor or debtor.