مبدأ سلطان الإرادة في عقود نقل التكنولوجيا بين الحرية و التقييد

Abstract EN

The principle of the authority of will is one of the fundamentals of the theory of the contract, all obligations and rights are due in their source to the free will of the parties, and most of the legislation has enshrined the rule of the contract the law of contractors to promote the freedom of will to contract, which gives the contract a balance in achieving mutual interests, but this Balance may be disrupted if one party imposes unjustified restrictive conditions that prevent the other from discussing and arguing because it is in a stronger positionThis is what we find in international trade contracts, because the latter goes beyond the territory of a particular country and the fact that its conclusion is between foreign parties leads to anxiety and mistrust, so the identification of the parties to these contracts is a very important issue, so that the interests of the parties conflict with each other due to the hegemony of the powerful party and the imposition of arbitrary conditions on the other end, which restricts the freedom of this latter, for example, technology transfer contracts