تأثير قانون الضبط الاقتصادي على النظرية العامة للعقد.

Abstract

The contract is an excellent tool for controlling the opening of the market to competition, through which it allows the control of contractual relations by administrative intervention guaranteed by independent administrative bodies, by imposing administrative conditions and procedures on the entrepreneur's ability to enter the market, which can serve as an indirect formality that ensures the selection of the best qualified operat or who is able to fulfill their contractual obligations and duties, which guarantees the embodiment of the economic and social policy of the regulating State . However, this new function that the contract has become is denied by classical jurisprudence and considered the beginning of a new crisis for the contract after the sacred character of the authority of the will has been violated and contractual freedom has been subjected to the requirements of the market, by restricting the freedom of the contracting parties to contract and not to contract, by specifying the content of the contract and by ordering the entrepreneur's freedom of choi ce, followed by the expansion of the violation of the binding force by the intervention of independent administrative authorities alongside the judge in the modification and adaptation of the contract according to the requirements of an open market to competition to ensure the public interest, it developed the relative impact that could lead to a shift towards legal security. But the truth is that the function the contract has come to fulfill in the regulation of the market is an appropriate opportunity for the renewal and development of its principles, through its compatibility with the rules of economic control, which encourage indi vidual freedoms and initiatives, where the contract's freedom converges with economic and competitive freedom, which guarantees its resurgence after having been restricted. At the time of planning and organizing the directed contract, as well as the idea of flexibility of the binding force that allows the intervention of independent administrative authorities alongside the judge to modify and adapt the contract to ensure its execution in accordance with the requirements of the open market to competition, in order to achieve the necessary efficiency and to guarantee public and private interests, according to a new conception of the propo rtional effect and legal security that consecrates the principles of solidarity, efforts have been made to fill the gaps in the principle of will, and the preference for the objective trend to correct the expectations of the weak entrepreneur is more important than the violation of the contract .