التشريعات الخاصة: بين قصور نظرية العقد وإثرائها

Abstract EN

Contract law is based on the principle of autonomy of willingness, with its principles such as freedom of contract and the binding force of the contract, and an conception of the equality plus the individualism.

Although its rules have been characterised by stability, the evolution of the community has led to a serious imbalance in contractual relations, which has prompted the legislator to adopt special legislations such as the consumer and competition laws, which include rules that deviate from contract law.

In parallel with the emergence of a new conception of contract law with a clearly social and protectionist character by strengthening the role of good faith in order to establish reality equality.