معارف
Volume 7, Numéro 13, Pages 73-88
2012-12-01

اختلال التوازن في المعرفة بين الأطراف عند تكوين العلاقة العقدية

الكاتب : الصادق ضريفي .

الملخص

This study deals with a very important question That is about disiquilibrium in the knowledge That concern the data and the information related to the contract between the parties of the contractual Relationship, where as the issue is not limited to the economical disparty between them. But it surpasses it to include the discrepancy in the knowledge at the moment of forming the contract. We have tried to show the most important causes of this disequilibrium, like the technological and technical development, and the emergence of new mechanisms or methods in making a contract on one hand, and the ligislative and judicial solutions to face this disequilibrium on the other hand. And the recognition of the duty of disclosing before contracting may be the most important reasons of this disequilibrium between Proffessionals and Consumers.

الكلمات المفتاحية

Key words : disiquilibrium,knowledge,A duty of disclosure, Proffessionals, Consumers , Data, technical development.