The relationship between the arbitrary requirement and penalty clause ( a comparative study)

Abstract

ABSTRACT Arbitrary Condition clause conditions associated with the contract , and they both lead to an imbalance in the nodal balance , apply to this imbalance of legal rules contained in the civil code .But the arbitrary requirement if it is associated with acontract by contract consumption , the provisions of this clause is subject to legal rules that came in the consumer in Iraq ,Egypt ,Lebanon and the protection that came tighly more beneficial to the contractor vulnerable laws .So the law was considered that the arbitrary requirement is void in some laws exclude evili alone the rule of law without relying on the will of the contractors , as it in french law and lebanon . invalidity by the court on its own without the need to submit a request by the parties .