إعادة التوازن العقدي بين المبادئ القانونية التقليدية و المستحدثة

Abstract EN

The principle of the authority of the will aims to consider the will as a basis in the formation of the contract, and in the effects arising from it.

However, this requires that the parties to the contractual relationship be completely equal, which cannot be achieved when one of the contracting parties enjoys a knowledge or economic advantage.

From this standpoint, legislative interference in the contractual relationship by restricting the principle of the authority of the will and imposing new legal obligations has become an imperative to restore the contractual balance.