حماية الطرف الضعيف من البنود التعسفية بموجب العنصر المعنوي لتكوين العقد : دراسة حالة (عقد التأمين)‎

Abstract EN

The imbalance in the contract arises because unequal distribution of corresponding obligations of parties, this leads to the creation of unique type of contract, its represented by parties have not same contacting abilities as a result of unequal legal and economic positions, which leads to the subordination of the weak party to the will of the strong party, who’s alone determines the terms of the contract, some of whiche involve a great of injustice ande arbitrariness in the right of the weak party to the contract, this is embodied in a contract of compliance as the contract of insurance, because the application of the Civil Code of the principle of willpower, just once the contract is concluded, the principle of willpower becomes the law of the parties, this rule left no room for the equivalence between the parties of the contract, This not mean there are no rules and principles that seeks to the establish a contractual balance albeit only to narrow the scope of application of arbitrary conditions, this applies to the rules and principles concern of the moral element of contract formation (will) as a mechanism to protect the weak party.