Obstract

I have an idea emerged adhesion contracts and legislation related jurisprudence in modern Western, It was not known before , Then I took out the techniques derived from Arab civil, This is due to the basis of the need to limit the release of Sultan will operate on the principle of Streptococcus, And the necessity exception to the general rule of pacta sunt servanda in some circumstances and conditions that result in the realization of the injustice and dictators Huq one of the parties to the contract, By giving the judiciary the right to modify or cancel some arbitrary conditions which compromise the Akdan in favor of the weaker party, And as required by justice, in addition to the presence of the interpretation of ambiguous phrases in the contract for the benefit of party Almzan entertained, whether any creditor or debtor.

And summarize the most important thing we have reached from the results and fruits appended to some of the recommendations of this scientific effort humble as follows:

1 - adhesion contracts by real contract theory in Islamic jurisprudence, and what happened out of contention, in fact, when the people of the law is significant in Islamic jurisprudence.

2 - Original in adhesion contracts they award, and the other is attributable to something in the contract not being a contract of adhesion.

3 - Place of adhesion contracts necessary goods and services that are not indispensable people, and do not find a substitute for it.