المبررات القانونية للتضييق على إرادة المتعاقدين في إيجار العقار في البيئة التجارية - دراسة مقارنة

Abstract

The lease contract is generally one of the consensual contracts that require only the mutual consent of both parties based on their free will, and the agreement of these two wills is the one who is relied upon at the end of this lease in view of the period over which they met at the stage of the contract, but it sometimes happens that the legislator restricts those two wills He is guided by legal justifications that justify his work in this direction, which he finds necessary to take into account the interest or the pursuit of a goal. In this study, we review the justifications that can be established to restrict the will of the contracting parties in this type of rent on philosophical and legal bases, as this type of rent is distinguished from other rent of other real estate as it is related to the commercial environment, whether it is related to the activity practiced in the leased property or In terms of the character of the tenant.