معادلة التوجه التشريعي و مبدأ سلطان الإرادة في عقد الإستهلاك : تكامل أم تضاد

Abstract EN

The imposition of practical reality is a clear retreat oft he principle of power of will in the contract, as it is no longer the basic principle in the formation oft he contract, in light oft he modern development that imposed a new type of contracts characterized by a nodal imbalance, such as contracts of obedience tot he existence of a strong party and a weak party, as in the case oft he consumer contract the intervener, where the olute classical perception oft he contract based on the will oft he contractors has been abandoned, through the intervention oft he legislator through the consumer protection la wand the suppression of fraud 09-03 and the provisions supplementing it, by jus cogens rules in the contract may not be agreed upon as a kind of legal protection for the contract may not be agreed upon as a kind of legal protection for the contractmay not be agreed upon as a kind of legal protection fort he complying party rebalancing the nodal relationship in the form oft he legislative orientation oft he contract or what has traditionally been called a directive contract as a special type of contract requires special legal provisions that differ in their entirety from the general provisions of know contracts in the civil code.