قصور نظرية عقد الإذعان في احتواء الشروط التعسفية وتحقيق التوازن العقدي

Abstract EN

The submission contracts differ from the abusive clauses, each one of them has its proper field and its proper entity which reflects its effects and results generally on contract and especially on contractors...if the main factor on which the submission contract is based is a monopoly factor the problem of including the contract abusive clauses and working to protect the weak side and to get back the contracts balance is not just limited in this narrow range but it stretches more far to include every consumptive contract having one of its two sides weak in front of the second one which outperforms him economically and technically..

submission contract theory today has became incapable to face the different abusive clauses with the developments in all domains and especially with the spread of the electronic contracts which are mostly typical and pre-edited by the interferer so that it pushes him to join the contract and to submit to all included clauses without debate or compromise..., this matter made the legislator searching other solutions to protect this weak side.