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Contracts and obligations · Legal glossary

Adhesion contractIn Arabic: عقد الإذعان

Definition

An adhesion contract is one whose terms are set in advance by one party. The other party can only accept them as a whole, without negotiating the clauses. The court may modify an abusive term or relieve the adhering party of it.

How it varies across the GCC

Saudi Civil Transactions Law defines it in article 40, and article 96 allows the court to modify abusive terms or to relieve the adhering party. Bahrain’s Civil Code does so in article 57, and Oman’s Civil Transactions Law in articles 83 and 158. The pattern shows up in standard-form service contracts and in insurance.

The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.

Sources

Official texts for the points on this page. General information, not legal advice. An article number is cited only where it was verified.

  1. Saudi Civil Transactions Law, art. 40, 96https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/655fdb42-8c96-422b-b8c4-b04f0095c94c/1
  2. Bahrain Civil Code, Decree-Law No. 19 of 2001, art. 57https://www.lloc.gov.bh/Legislation/HTM/L1901
  3. Oman Civil Transactions Law, Royal Decree 29/2013 (text on qanoon.om), art. 83, 158https://qanoon.om/p/2013/rd2013029/

Related template

Residential lease template

A residential lease is often signed on the landlord’s form. The template is a draft of the commercial terms. It does not say whether a court will strike a clause as abusive.

Open the residential lease template

An employment contract on the employer’s form raises the same question. The employment template is the draft of the wage, the term and the duties.

Open the employment contract template

Related terms

  • Nullityالبطلان
  • Penalty clause / liquidated damagesالشرط الجزائي
  • Lease contractعقد الإيجار
  • Sale contractعقد البيع
All glossary terms

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General information, not legal advice.

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