دور العدالة في تكميل العقود

الملخص EN

According to the general rules of civil law, the content of the contract is not limited to the obligations that are expressly mentioned in it, but also deals with detailed issues not mentioned, and all of its requirements.

The basic principle is that the content of the contract is determined by back to the will of the contractors, if that will fails to do so, or if the parties to the contract have not agreed on it, here comes the role of the judge in supplementing the will of the contractors, as the legislator has given him the authority to supplement the content of the contract, guided by several directives that he has determined for him, from Among them are the rules of justice.

We will shed light in this research on the role of justice in supplementing the content of civil contracts, to get acquainted with their provisions, cases and conditions according to the provisions of our civil law and some other comparative civil laws, this role which may not be clear to many people, because of the ambiguity surrounding the idea of justice, not to mention The role it can play in supplementing the content of the contract with the obligations that the contractor's will have been silent about, and which are among its requirements.