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العنوان
مشكلة اختلال التوازن العقدى :
المؤلف
الكورجي، عبدالمحسن كريم شغاتي.
هيئة الاعداد
باحث / عبدالمحسن كريم شغاتي الكورجي
مشرف / محسن عبدالحميد إبراهيم البيه
مناقش / جمال أبوالفتوح
مناقش / منى أبوبكر الصديق
الموضوع
العقود (قانون مدني) - مصر. العقود. القانون المدني.
تاريخ النشر
2020.
عدد الصفحات
مصدر الكترونى (304 صفحة).
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/12/2020
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون المدني
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 293

from 293

المستخلص

The subject of the study represented in ”the problem of Contractual imbalance” was of great importance, as it was not previously devoted to a study that combines all the phenomena of nodal imbalance, and it encompasses methods of prevention and treatment of the imbalance, and this study includes an introduction, an introductory chapter, two sections, a conclusion and recommendations. Introductory chapter: what is meant by the principle of Contractual balance. The first section: manifestations of nodal imbalance. The second section: legal means to confront the Contractual imbalance. And finally, a conclusion of the study. Through this study, I reached a number of findings and recommendations. The search for nodal balance appears to the facade in a renewed way, due to its legal and realistic necessity, as it is a goal directly proportional to every development in our daily life, and it is noticeable that it enjoys the care of jurisprudence, legislation and the judiciary alike, and in every period of time he takes from the space what achieves protection for this principle, But it is coming back again with the emergence of a set of transactions that did not exist before; Therefore, stakeholders will intervene to protect it again. Nodal equilibrium is one of the issues that are constantly being discussed from multiple aspects, as it is the most frequent and continued consideration of issues, and it is difficult for jurisprudence and legislation, as well as the judiciary, to find a solution commensurate with the development in the field of transactions, as most of these solutions are temporary and apply to a specific period of time. A certain set, or a set of contracts, but these solutions soon fade away with the emergence of a new class of transactions that meet the needs of society in terms of goods and services. And trying to research the topic of nodal balance is not without difficulty. Because it collides with traditional principles, which were established over time in legal thought, and dominated it for a long time, such as the principle of the authority of the will and the binding force of the contract and the rules resulting from it. The idea of nodal balance has not changed, for it is a constant proof of the idea of justice and morals, but the variable here is the means and techniques that achieve it, in line with economic and social development, and therefore defining the contractual balance and preventing its imbalance is more difficult than searching for it during its implementation. This is because the features of this imbalance are not clearly apparent until the contract implementation stage. The subject of the study is limited to the idea of balance within the framework of the contractual relationship, and therefore it is not related to other legal actions outside this description, except when necessity calls for it accidentally, and it should be noted that there are contracts that are based mainly on the lack of equality, such as the donation contract, so the contractor grants a specific thing, He is aware that he will not receive a return for what he has given, and therefore we cannot search for balance in these contracts.