أخلقة العلاقات التعاقدية : ضرورة حتمية لتحديث نظرية العقد

Abstract EN

Scientific developments, economic, and social variables result in risks related to contract imbalance, unpredictability, and adaptation.

This would require a reassessment of the role of the will in the contract.

Indeed, because the contract system consists of a set of technical legal rules; it will not escape the ethical assessment to protect contractors and ensure the stability of transactions.

However, it is not a question of subjecting the contract to moral rules and values; but rather, it reclines in seeking to qualify the guiding principles of the contract in order to find appropriate solutions by adopting an ethical conception and working with it to make it a concept or promoting it to a principle.

This would guarantee contractual freedom on the one hand, and would achieve contractual justice responding to the requirements of contractual security, on the other hand.