أثر التحولات الاقتصادية والاجتماعية على مبدأ سلطان الإرادة: دراسة على ضوء المرسوم التنفيذي رقم 20-399: البيع بالتخفيض والبيع خارج المحلات التجارية بواسطة فتح الطرود نموذجا

Abstract EN

The principle of contractual freedom is considered the basis of contracts, and is one of the results of the individual doctrine that sanctifies individual freedom.

it means that individuals have absolute freedom to make the contract and determine its content, without the intervention of any party to impose them what is contrary to their will.

this principle has been anchored in contractual transactions since the dominance of the capitalist system, however, under the effect of economic and social changes, this principle has begun to decline.

from this the contractual relationship has become a relationship in which the contractual dimension is mixed with the regulatory and legal dimension.

this character of the contractual relationship is embodied in regulated sales for which the Algerian legislature fixed special provisions and provided sanctions for non-compliance with its provisions.

the study concluded that the state intervention in the conclusion of the contract can transform the formation of the contract into a procedural process, however public order imposes on the legislator the restriction of contractual freedom however public order imposes on the legislator the restriction of contractual freedom to eliminate abuse and overruns that accompany the conclusion of this category of sales, as well as to control the market and commercial activity.