واقع القواعد المنظمة للعقد في ظل توسع نطاق النظام العام الحمائي

Abstract EN

The idea of public order is one of the most flexible and adaptive juridical concepts with the development of human societies, After thetraditional public order was defined as a restriction on the freedom of the will of individuals to contract within limited matters under the guardian state, These rules have evolved with the development of the state's function into an intervening state then, currently into amonitoring state which is known by the social economic public system, which is a justification for the state's intervention in economic activities to achieve the required economic and social balance in the society.

In this context, we find the rules of the protective public order that aim to protect the economically and socially weak contracting groups, and by considering that the general theory of contract did not define the character of the weak contractor because of its rules formulated in a realityoppositeto the actual one, without including adequate protective rules preserving this category of group.

Therefore, in order to provide this protection and ensure the balance of contractual relations, the protective public order rules have been embodied in a form of increasing private legislation, and now it has a significant impact on the rules managing the contract.