Please use this identifier to cite or link to this item: http://dspace.iua.edu.sd/handle/123456789/3854
Title: الحماية القانونية للمستهلك من الشروط التعسفية في عقود الإذعان: دراسة مقارنة
Authors: محمد علي فرح
Keywords: القانون الخاص
Issue Date: 2011
Citation: جامعة أفريقيا العالمية - عمادة الدراسات العليا - كلية الشريعة والقانون - قسم الشريعة القانون الخاص
Abstract: he researcher in this study tackles by description and analyzing the phenomenon of the arbitrary conditions mentioned in adhesion contract.Adhesion and expected legal protection in Islamic law and legal systems in favour of plaintiff in these contracts through the following chapters The first chapter: It deals with the definition and the characteristics of adhesion contracts, its legal adaptation and its pillars with mentioning the legal evidences related to legal adaptation of the adhesion contract. The second chapter discusses by studying and analyzing the arbitrary conditions connected with adhesion contract, the definition of arbitrary condition, its types and its criterion, then mentioning applications from the actual adhesion contracts regarding arbitrary condition. The third chapter deals with the legal protection of the consumers from arbitrary conditions written in Sudanese law in comparison to German and French law tackling the legal protection prescribed by Sudanese legislator to the plaintiff in insurance contract, transport contract (marine or aerial ) ,railway transport and some contracts concluded with certain directorate. The researcher takes up the methods of combating arbitrary conditions in German and French law with explaining its concept in these legislations and the ways of ruling them out. The fourth chapter deals with the judicial protection for the consumers from arbitrary conditions, it discusses also the items of protection from the adhesion contracts and how to perform the judicial protection authority, the researcher also talks about the legal principles which govern the interpretation of adhesion contract. The fifth chapter talks about the protection of the consumers in Islamic jurisprudence (Figh) through studying and analyzing Islamic jurisprudence directions of monopoly and the sell of the urban people to rural people and the receiving of brought goods The fifth chapter talks about the protection of the consumers in Islamic jurisprudence (Figh) through studying and analyzing Islamic jurisprudence directions of monopoly and the sell of the urban people to rural people and the receiving of brought goods. The study comes out with the following results and recommendations:- First the results:- 1. The legislator in the act of civil transaction 1984 hasn't defined adhesion contract, and through what the researcher has discussed in this research that the adhesion contract is addition to model contract which is used in selling of important commodity or service determined unilaterally by one party and the other party joins it without actual ability to amend. 2. The characteristics of adhesion contract :- This contract is specialised in commodity or services which is essential to the consumers or beneficiaries, and the domination of the stipulator upon this commodity or services in away limiting the competition on it and the obligation is general and in model manner. 3. Regarding the legal adaptation of the adhesion contract, the act of the civil transaction 1984 takes side with the supporters of contractual theory and gives contractual feature for the adhesion contract. 4. Islamic law confirms the principle of freedom of establishing contracts and the judgement of adhesion contract is permissibility and legality, for the origin of contracts and transactions is lawfulness. 5. The legislator in the act of civil transactions has not defined the arbitrary condition which is connected with adhesion contract; the researcher in this study defines it as the condition laid down in contract of selling commodity or service determined in advance in purpose of imposing it upon the other party so as to achieve self- benefit, making clear and grave imbalance on the rights of the other party who yield to for his need. 6- We have not to consider the arbitrary condition alone in the contract.
URI: http://dspace.iua.edu.sd/handle/123456789/3854
Appears in Collections:أطروحات الماجستير

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