الغبن في القانون المدني الجزائري و نظيره الفرنسي دراسة مقارنة

الملخص EN

Based on the fact that the contract is the most important source of commitment and the best means of fulfillment the will of the parties, in accordance with the principle of the power of the will, because the latter is strongly manifested in the contract, because the contractors commit willingly only.

So, who says a contact says justice, that is what made the legislations, with their different orientations, aim to paying attention to contracts.

Some of them sought to sanctify the freedom of contractors, and therefore, the contractual freedom and the stability of transactions to the detriment of the contractual balance, and the lesion was limited to some contracts only.

Some other legislations took the direction which limits the will and weakens their impact, due to the imbalance between a powerful party and the triumph of law for the weak party, through expanding the lesion theory gradually till addressing all contracts.