تدخل القاضي في تفسير العقد كآلية لحماية الطرف الضعيف

Abstract EN

The principle of the authority of the will is one of the most significant principles on which contemporary laws are based.

the real meaning of this principle lies to the contractual autonomy, which means that the person is free to make an agreement or not.

the French lawmaker has devoted this principle through article 1102 of the civil code.

however, this autonomy may result in the form of behaviors that violate the general contractual order, as some contracts find the contracting parties is alone in setting the terms and conditions of the contract.

as the latter deliberately includes some vague or phrases use in a manner appropriate with his interests.

the idea of public order in the field of contracts targets primarily to protect the weak party on the one hand, and to achieve nodal balance on the other hand, for the purpose of achieving contractual justice as well as the stability of transactions, by ensuring the existence of the contract.

for this protection to be embodied in a realistic sense, it is necessary to resort to the judiciary, through the intervention of the judge and the activation of his authority in interpreting the terms of the contract, in order to avoid the existence of arbitrary conditions, as the role of the judge in the interpretation process lies in the proper application of the legal means provided for, to protect the will of contractors and the contract at the same time.