The Weaker Party in the Contractual Relationship
Assistant Professor, Civil Law, College of Law, Amman Arab University
Ahmad Mahmoud Al Masadeh
Associate Professor, Private Law, College of Law, Amman Arab University.
Hanan Mohammad Aldarawsheh
General law/ criminal law
Abstract
Contracts have been the subject of significant scholarly attention within legal studies, surpassing many other areas of law in terms of scrutiny, primarily due to their crucial role in human interactions. They not only represent an expression of individual autonomy but also serve as a cornerstone of economic transactions and cooperation, as demonstrated by the legal obligations that arise from fulfilling contractual agreements. Given both the theoretical and practical importance of contracts, any research focusing on contract theory—particularly in relation to the formation and execution of contractual relationships—is of substantial relevance. Accordingly, this study seeks to evaluate the necessity of safeguarding weaker parties within contractual arrangements, whether at the stage of formation or execution, under Jordanian civil law. To achieve this objective, a legal methodology was employed, utilising data sourced from both primary and secondary materials. The findings were then analysed through content analysis. The results indicated that the concept of contractual vulnerability is a distinctive component of contract theory, appearing in various legislative systems, albeit in a somewhat fragmented manner. This study further examines the notion of contractual vulnerability, identifying its key dimensions, protective mechanisms, and specific applications concerning the weaker party in contractual engagements. While contracts are generally regarded as binding agreements that impose reciprocal obligations upon the contracting parties, thereby necessitating adherence to their terms, judicial or legislative intervention is typically restricted from favouring one party over another. However, certain circumstances may warrant deviation from strict legal equality, as formal parity between the contracting parties does not always reflect substantive fairness. In such cases, intervention restores the contractual equilibrium and safeguard the interests of the weaker parties. Finally, this work recommends incorporating provisions into the Jordanian Civil Code explicitly addressing mechanisms to rebalance contractual relationships.