القانون
Volume 11, Numéro 1, Pages 285-304
2022-06-30

تكاملية العلاقة بين قانون العقود وقانون المنافسة

الكاتب : بوتيوته إدريس .

الملخص

The reality of the relationship between contract law and competition law is an integrative relationship, which is manifested in the coexistence and renewal of contract principles by accepting the new philosophy, which was the impetus for its development and renewal, which adapts to the requirements of competition and freedom to enter the market, through cooperation and mutual borrowing between the two laws to bridge contractual changes and imbalances, Resulting from the development and expansion of economic transactions, to achieve contractual balances, and to ensure security and contractual stability. Thus, competition law was considered a motive for developing the principles of contract law and a new source of inspiration for other principles that strengthen contract law. This is how competition law uses some principles of contract law, and this confirms the complementary relationship between the two laws.

الكلمات المفتاحية

Contract ; competition ; freedom in contract ; binding force ; relative effect