سلطة القاضي في تعديل العقد المدني بسبب الظروف الطارئة في مرحلة التنفيذ

الملخص EN

The basic principle in the Algerian civil law is that the contract is the Sharia of the contracting parties, and the emergency circumstances have no effect on the obligation to implement the obligation, so as long as the emergency incident did not make the commitment impossible to implement, the debtor cannot rely on it to evade the implementation of the contract.

but, if the emergency incident makes the execution of the obligation burdensome to the debtor on hard labor, as it threatens him with a heavy loss in view of the deal that is the subject of the contract, the judge may exclude the intervention to amend the contract by returning the burdensome obligation to the reasonable extent, taking into account the interest of the two parties, the creditor and the debtor to return the contract.

Key words: Civil Law; Emergency Circumstances; Judge Authority; Contract Amendment.