تطور عقد الإذعان في عقود الاستهلاك

Abstract EN

The development of contracting methods and the economic openness that the world witnessed following the industrial revolution during the nineteenth century made the jurisprudence call for the need to expand the concept of compliance contract, in order to ensure effective protection for the consumer from arbitrary conditions, especially since the weakness that the consumer suffers from is no longer economic, but rather to weakness ignorance, ignorance and lack of experience, which is what the legislator responded to in consumption contracts, dropping the monopoly characteristic of the grant contract according to law 04_02, so that it relied on one criterion to adapt the compliance contract, which is the standard of prohibiting discussion of arbitrary conditions, and linking consumer protection from arbitrary conditions to compliance contracts.

the aim of the study is to reach the extent of the development reached by the compliance contract in consumption contracts, and we concluded that the legislator did not introduce new developments regarding the compliance contract when linking protection from arbitrary conditions with compliance contracts.