تعديل القاضي للعقد: تعد على قانون الإرادة أم تكريس لعدالة العقد

الملخص EN

Contract is binding law for parties, his source its free will, however because nature of individual which seeks constantly interests is often the law will unjust; not all useful is just, the justice in the contract require proportionality between performance of parties.

The imbalance equity of contract based on two criteria, firstly a grossly unequal in performance of contractors; second a burdensome obligation reprisal with grave loss affect debtors.

Face a rigid ruler which regulate contract there had to be found an effective means correspond to developments.

Among surrounding system of contract which act to its continuation; the system of adjustment the contract by judge, as it seeks to restore balance economy in contract to achieve the justice and equity.