Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Common Law

UAEU Law Journal

Constitution

Articles 1 - 1 of 1

Full-Text Articles in Law

Contractual Freedom: A Fundamental Right? A Reading Of The Texts Of Tunisian Law, Hafidh Kithem Dr. Aug 2023

Contractual Freedom: A Fundamental Right? A Reading Of The Texts Of Tunisian Law, Hafidh Kithem Dr.

UAEU Law Journal

public law. Which makes his access to private law and getting closer of contractual freedom impossible, if we recall "Rohm": “The wall separating the two branches of law is more robust than the Berlin Wall”.

It should also be recognized that the encounter between "contractual freedom" and "fundamental right" is not a simple matter because of a spice-time difference. The "fundamental right" (the young man) - in contrast to contractual freedom, which was likened to the old woman - is a modern concept.

But transcending the barriers of time and space seems to be an urgent need, perhaps because this …