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MEANS OF PROTECTING THE WEAK PARTY IN THE CONTRACT | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 14, Volume 10, Issue 37 part 2, 2021, Pages 357-377 PDF (612.76 K) | ||
| Author | ||
| Maha Ramzi Muhammad Ali Haj Younis | ||
| Abstract | ||
| The emergence of the idea of the weak party in the contract, that is, in the contractual bond, its protection became a concern not for the legislator alone, but for the judiciary and jurisprudence alike. Accordingly, the contract is no longer the law of the contracting parties, but rather a general contractual system has been established that is growing steadily and characterized by the nature of protection as it aims to protect one of the contracting Against the other contracting party, whether at the conclusion of the contract or its implementation, and it can be said that the contract is the Sharia of the two contractors, that is, their law binds them together, so they control it and submit to its rules on an equal footing without there being any distinction between the two parties. This was the principle that the legislator or judge may not intervene within the scope of the contract to support anyone The two parties are against the other, in breach of the due equality between them. Nevertheless, there are important considerations that pushed the legislator and the judiciary not to adhere to this legal equality, as it is not based on actual equality between persons, and then the legislative and judicial intervention increased to advocate for one of the two contracting parties and protect him as a weak party in the nodal bond. | ||
| Keywords | ||
| contract; weak party; civil law; Judge | ||
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