الجزاء المدني المتعلق بمصير الشرط التعسفي بين أحكام النظرية العامة للعقد و تشريعات الاستهلاك

Abstract EN

The abusive clauses mentioned in the adherence contract are an integral part of the contract, so they are duly covered by his binding force.

However, in view of the apparent disequilibrium between these conditions and the rights and duties of the parties to the contract, the legislator has put in place mechanisms to limit its harmful effects in the interest of the party adherent under the general provisions of the general theory of the contract, bypassing the principle of binding force in this category of contracts in order to achieve The contractual equilibrium between parties performance.

As a result of economic and social transformations, the contract law has evolved, so that the phenomenon of allocating contracts, of which the consumption contract is one of its categories, is sorted out.

With these conditions, given the commodity or service the subject of the contract is the subject of a monopoly of the professional or his need for the commodity, the legislator entered again to prohibit these conditions in Under the provisions of Law 02/04 on Commercial Practices 04/02 and Law 09/03 relating to Consumer Protection and Suppression of Fraud.