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Nodal imbalance caused by the arbitrary conditions A comparative study | ||
| journal of legal sciences | ||
| Article 1, Volume 26, Issue 2, 2011, Pages 204-285 | ||
| Abstract | ||
| Is no longer the scope of abusive clause is confined to a bow in the traditional sense but also expanded through the impact of these conditions to all contracts consensual was or model and this is dangerous because it involves a big impact in the imbalance of nodal, which in turn makes the discrepancy between the contractors in terms of legal status as a result of the imposition of one contractors abusive clause on the contractor to be either exploited for the economic position which is where, as in contracts of adhesion, or took advantage of a need for the contractor and his strong desire to buy or sell conditions are imposed by the abusive feature for excessive obscene or make one of them at the power of the other. It must be borne in mind that the abusive clause not unique to the seller and alone in the imposition or the lessor of his money from the authority in the contract on the basis of being a landlord, but could be the source of these clause are abusive is the buyer or tenant as a result of exploitation need the owner pressing for sale or rental exploited buyer or tenant of the situation and impose certain conditions on the seller or lessor also makes the seller or lessor at the mercy of the buyer or tenant. When this topic of great importance in daily life, especially for contracts that hold a combined clause of abusive, which has a significant impact on the imbalance nodal between the contractors, will try his research in a modern way different from the traditional way addressed by the Principles of the Arabian Research imbalance nodal caused by conditions arbitrary in the contract of adhesion was not only examines the contracts consensual contracts of consumption and the impact of Abusive clause which, turning to shed light on the legislative developments that took place in the world. | ||
| Keywords | ||
| Nodal imbalance caused by the arbitrary conditions A comparative study | ||
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