سلطة القاضي في تحديد نطاق العقد في القانون العراقي : دراسة مقارنة

الملخص EN

Justice represented the optimum aim witch the legislation was made for, but the reach to this aim is depended on the safety tool which made for, this tool is represented but judge by his judgment making justice , although the law acts is merely solid speech without any soul and life, but the judge give it the life and the movement, justice which arise from the feeling and emotion making the law suitable in the society , judgment without justice may be making the law as a tool of darkness and oppression.Some legislations gave the judge the spirit of making the justice solve which submitted to him at the absence of legislations provisions , so that the judge explain , criticize, make , and suggest , also he came with a juridical foundation like the legislative or customary foundation.

So the judge in some times have an positive role with regard to contact relationship exceeding his job which is applying law.

When he explain the cloudiness of contract’s articles or added the unfinished articles that the parties of the contract had no agreement on using guides whose but by civil legislature at the condition of the natural deal this operation called completing contract.