Investigation of the Scope and Limits of Judge Intervention in Judicial Modification of Contracts from the Perspective of Iran and Egypt Law
Subject Areas :Abdollah Khatib 1 , mohammadreza fallah 2 , Ali Tavallaei 3
1 - – Ph.D. Student in Private Law, Private Law Group, Yazd Branch, Islamic Azad University, Yazd, Iran.
2 - Assistant Professor of Private Law, Faculty of Humanities, Shahed University, Tehran, Iran
3 - Associate Professor of Islamic Law Department, Faculty of Humanities, Yazd University, Yazd, Iran
Keywords: Keywords: Scope of Intervention, Change in Circumstances, Judicial Ijtihad, Judicial Modification, Legal System of Iran and Egypt,
Abstract :
Sometimes, after the conclusion of the contract and at the stage of implementation, the conditions governing the contract would change substantially, so that this change in circumstances was not foreseen by the parties at the time of concluding the contract, and this would cause extreme hardship to the obliged party conventionally. In such a situation, the importance of the intervention of the magistrate in the contracts concluded and, finally, the modification of the contractor's obligations becomes an irrefutable necessity, but the important point is to determine the logical scope and limit for the intervention of the judges in the contracts involving the hardship, the necessity of which is also very tangible. Because in case of change in the circumstances, complying with the provisions of the contract would not be the actual intention of the parties to the agreement and not valid and acceptable by the holy legislator. Considering the above mentioned points, the important issue that we are looking for in this study is the determination of a logical framework for the intervention of judges in the contracts and whether the intervention of the judge in the contracts would be limitless and absolute or not? Investigations and results of this research, as well as the author's viewpoint, suggest that the intervention of the judge for making fair the contractual obligations is limited and is subject to certain conditions and formalities.
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