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Contract law as ideology—The emergence of contractual justice

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Chapter Summary

This chapter argues that the New Code abandoned the individualistic approach, following in the steps of French and Continental law in the early twentieth century and opining that the laissez-faire approach was not appropriate for Egyptian society, since it encouraged the growing social and economic polarization, arbitrariness, social apathy and exploitation of the weak, inflaming these woes and potentially bringing Egyptian society to the brink of calamity. In place of the individualistic and capitalist approach, which ʿAbd Al-Razzāq Sanhūrī considered wanton selfishness, and even 'the unruliness of the strong,' the legal pendulum now swings toward a paternalistic and altruistic approach to contract law, one that places the interests of society and the general good at the center, even at the expenses of individual interests, intervening in the contractual freedom of the individual. The New Code did not relate to equality as its preferred criterion for justice.

Keywords: ʿAbd Al-Razzāq Sanhūrī; contract law; contractual justice; Egyptian society



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