دور القاضي في مواجهة الشروط التعسفية في عقد الإذعان

Abstract EN

Contractual freedom is considered among the most important effects resulting from the principle of will, and shows that everyone has the right to contract.

it also imposes the equality contractual principle, that the contracting parties have the right to discuss equally about the contract terms, and to involve mutual consent between them pursuant to the principle of the binding force and this includes the judge.

however, the legislator, trying to achieve the economic and social development, came out from the base contractual equality.

except this, contracts can be concluded by procedures that differ from the consentual ones.

these contracts are known as acquiescence contracts.

to protect the weaker party, the judge intervenes to limit the abusive conditions included in contracts to restore the balance of contracts to the scales of justice.