الفهرس 
مقدمةيوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
There is no doubt that the topic of protecting the contractual balance stands at the heart of the modern problems relating to the theory of the contract.
This topic has ancient roots and applications since the modern technology and civilization has been found even in the ancient laws and legislations like the Roman law specially that this problem has general legal origins like the principle of contractual justice and the principle of the legitimate trust between the two contracting parties and the principle of the good will. But the modern developments gave for the topic a great concern, and came up with modern applications have never been known before.
At the traditional contractual concepts, the legal systems knew the theory of the administration defects, and it is the clearest application in these systems and this theory as provided for in the civil laws which protect the will of one of the two contracting parties from falling in a mistake led to contract or was a victim of coercion, fraud or exploitation.
But the modern developments led for coming of other problems relating to the contractual balance, and from this the theory of the urgent circumstances (1) which created them the
French judiciary in their origin, to maintain a defect happened to the financial and the economical balance for the contractual process as a result of a an urgent general circumstance led to the defect. But it has not stopped there when talks started in the modern age about the contractual imbalance as a result of the defect in knowledge between the two contracting parties, in other words, a defect between who knows and who does not know as the scientific researches became numerous. The Legislations started to realize the importance of interfere to avoid the effects of this cognitive defect . Some of terms started to come up in jurisprudence and Judiciary like the commitment with disclosure and commitment with enlightenment and commitment with warning to other than that of commitments which aim at a contract with declaration and enlightenment for the two contracting parties.
These concepts have reflected on modern systems named by consumer protection, also reflected on the researches of jurisprudence under new titles, too like protecting the weak side in the contractual relations.
Also from the shown problems in protecting the contractor whatever the reason leading to protect him, protecting the consumer from deceiving and the advertisements dangers which pressure on him day and night and on mass media and on advertising boards on streets and public places.
It is the same in facing the difficult prerequisites, even it was despotic prerequisites or were prerequisite that the other contractor did not realize for a reason or not.
What above mentioned is what the study speaks about in its different units and chapters.
I do not claim that it covered all about the contractual balance and protecting it, because the range of this protection includes topics which are difficult to count, so it is normal for this simple study not to include, for example, the role of the Formality in the protection and the historic development also the modern developments for protecting through the form.
It is the same in the protecting systems which labor law included them which the balance was for the work power even at the labors financial rights, healthy protection or insurance protection.
In addition to what Egypt has relating to the rents laws for built places and the intensified protection for the tenant class.
Also the ways of protection reached to the administrative law in organizing the public utility relation with the citizens who use it, and protecting the insured in insurance contracts by the insurance companies.
I have meant from the previous summary to speak about the great multiple for the contractual balance problems which are only for the inner laws range but also expanded for the international field where some forms of protecting the contractual balance were found in the texts of some treaties related to international trade like the international treaty which is known by the Vienna treaty for international sales.
Starting from that introduction, we can divide the study into: an introduction then a warm-up chapter about the problem of the study at the range of the commitments theory, about the affected factors in developing this theory and the definition of the contract from the principle view of the autonomy of will principle. and its relation with the contractual balance. After that, I divided the study into two units, in the first unit , I presented the forms of the traditional protecting for contractual imbalance, relating to ways of treatment, and the role of the will defects theory,
contemporary injustice then the legislative intervention for facing the contractual imbalance coming from the despotic prerequisites then I presented the theory of exceptional circumstances, and the rules of the theory of emergency conditions