ضمانات توازن عقد الأذعان المختل بالشروط التعسفية : دراسة قانونية

Abstract EN

The dealing with unordinary terms in conditional contracts became a faulty one, so some codes expand the scope of the meaning of (conditional) contracts to include all contracts which one party solely set the terms of contracts, like German Law, in order expand the protection against the unordinary terms.

Still, this solution is exceptional in the scope and circumstance.There is an urgent needs to adopt a doctrine which may lead to rebalance economics of contract if this balance effected by unordinary terms, and that why we choose this topic to study.We will divided the thesis to two section; the first will dedicate to the concept of these terms, their scope and their characteristics, while the second section will dedicate to the impacts of these terms on the balance of contract and the rule of courts and judges in that matters.