Submission contract in controlling the abusive clauses and achieving contractal balance

Abstract

Adhesion Contracts differ from arbitrary conditions, each of which has its own field and subjectivity, which reflects to us its effects and consequences on the contract in general and on the contracting parties in particular. If the basic element upon which the adhesion contract has ben based is the monopoly element. The problem of the contract including arbitrary conditions, protecting the weak party from it and restoring the contractual balancing is not confined to this limit scope only, but extends to more than that to include every consumer contract where one party is weak to counter the other party that is superior it economically and technically. The adhesion contract theory has become incapable today in dealing with various arbitrary conditions in the light of various fields developments , especially with the spread of E-contracts, which are often in the form of model contracts pre-written by the intervenor, which requires joining the contract and submitting to all the contained conditions without discussion or bargaining which made the legislator search for other solutions to protect this weak party.