مجلة القانون العام الجزائري والمقارن
Volume 11, Numéro 3, Pages 195-213
2025-12-28

The Effectiveness Of Adhesion Contracts Theory In Restoring Contractual Balance In Some Modern Contracts - The Franchise Contract As A Model

Authors : Saidani Abdelwahhab . Benazzouz Rabia .

Abstract

The theory of adhesion contracts plays a significant role in regulating the relationship between contracting parties. However, modern contract systems such as franchise agreements, which are typically concluded according to standardized pre-drafted forms, particularly with the proliferation of electronic contracts, compel the franchisee to adhere without genuine negotiation. This reality has exposed the theory's inability to address abusive clauses and has driven legislators to seek specialized legislative solutions that provide more comprehensive protection through laws specific to franchise contracts that regulate the relationship between franchisor and franchisee and control abusive terms

Keywords

Adhesion contract; Franchise; Franchisor; Franchisee; technology