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College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082
Researchers in the field of law

Transformations in Traditional Contract Theory in Light of Social and Economic Consideration “An Analytical Study”

رؤى عبد الستار

Abstract

According to the viewed of the traditional theory, the contract only as an embodiment of the parties, will aimed solely at realizing their respective interest (in accordance with the principle of party autonomy, the cornerstone of which is the maxim that “the contract is the law of the parties “, however the societal evolution driven by economic and social factors has prompted the judiciary and legislatures to adopt new approaches. These shifts reflect a transformation in the perception of the contract. Moving away from viewing it merely as an expression of the contracting parties, freedom, and toward recognizing it as an instrument with a social function that balances the interests of the parties involved. The justice has become to be regarded as a fundamental principle underpinning civil law, particularly in addressing imbalance and economic inequalities between parties in this regard, the judiciary and legislative bodies have played a significant role in shifting away from the rigidity that once characterized the traditional theory of contract.

الكلمات المفتاحية: Traditional theory, critique of the principle of freedom of contract, social, traditional, and economic developments, function of contract, contractual justice.

اقرأ البحث

تحميل تحولات النظرية التقليدية للعقد في ضوء الاعتبارات الاجتماعية والاقتصادية (Arabic)

معلومات النشر

كيفية الاقتباس

رؤى عبد الستار. "Transformations in Traditional Contract Theory in Light of Social and Economic Consideration “An Analytical Study” ". College of Law, Sumer University, %2026.