Freedom of belief: an ancient concept and a renewed reality

Authors

  • علي فيلالي Author

Keywords:

Freedom of contract, Legislative intervention, public order, Protectionist public order, Adhesion, Prior and unilateral drafting of the contract, freedom of contract, consumer protection, proliferation and diversification of contracts, contract as a direct source, law as an indirect source

Abstract

Law is a social phenomenon that evolves with the development of society in all its aspects. To ensure the law remains consistent with the changes occurring in each society, the legislator may be compelled to establish new legal provisions that contradict previous ones, such as imposing new restrictions, as happened with contractual freedom, which was once almost absolute but has gradually diminished. This has raised many questions about the current state of contractual freedom. Some believe we are experiencing a crisis of contractual freedom, while others see the proliferation and diversification of contracts as clear evidence of the flourishing of contractual freedom, which has expanded into new spheres. These are the differences that this paper will address.

Published

2018-12-01