الشروط التعسفية في اتفاق التمويل العقاري

Abstract EN

Financing institutions- often- intend to formulate a mortgage financing agreement that links them with investor in a way that does not allow investor to be able to discuss its clauses; which these institutions may exploit to include in this agreement some arbitrary clauses that are in their interest, and against interest of investor.

Through this study, the researcher has targeted researching the means of protecting investor from arbitrary clauses in such an agreement, through following descriptive analytical method, with a comparison between Egyptian legal system and its French counterpart on subject of this study.

The researcher reached a number of results, most important of which are: Egyptian legal system gave judge the power to amend or cancel arbitrary clauses in compliance contracts, which is applied to mortgage financing agreement, whereas French legislator gave judge only the power to nullify these clauses without amending them, nevertheless, French legislation is distinguished by giving judge the power to extract arbitrary clauses, and to judge its nullification, without requiring a judicial request from a litigant.