The effect of coupling arbitrary clauses in the contract

Authors

  • Karrar Hassan Al-Ghazali PhD in Private Law / Civil Law Teaching at Hilla University College / Department of Law

DOI:

https://doi.org/10.66026/cpcw2447

Keywords:

Effect - Pairing - Contract - Terms – Arbitrariness.

Abstract

The original that the contractor is free to conclude what he wants from the contracts and agreements, and to put what achieves his interests of the items, and then the contract is a law for its parties as soon as it is held, and it can not be revoked or amended except by agreement of its parties or by virtue of the law, but this principle and as a result of the development of the global economy and industries and because of the diversity of individuals' need for it has declined a lot, as the situation led to conflicts and major differences between the interests of professionals and professionals and between individual consumers, where the owner of The commodity is the need of the individual and he sets arbitrary clauses that burden the individual, which leads to inequality between the contractual parties and causes an imbalance in the contract because of the obscene advantages contained in the arbitrary clauses at the expense of the other contractor These contracts have become developed in the form of predetermined forms and include clauses that are developed by specialized experts, it is rare to find now both parties have the possibility to discuss the terms of the contract freely enough as was the case previously, this balance has been disturbed and has become One of the parties is in a position to include clauses in the contract, and the other contractor can only accept these clauses as they are or reject the contract in its entirety...

References

Downloads

Published

2025-07-17