مستجدات نظرية الظروف الطارئة : دراسة في ضوء المرسوم التشريعي رقم (131)‎ لسنة 2016 الخاص بتعديل القانون المدني الفرنسي مع المقارنة بالقانون المدني العراقي

Abstract EN

This study dealt with one of the subjects dealt with by the French legislator with the amendment to the Civil Code of 1804 under the Legislative Decree No.

(131) of 2016, which is called the new Law of Contracts and Obligations.

Article (1195) came to deal with the French legislator the exceptional circumstances of the contract, which gave the new power to the judge to intervene in the contract between two parties and mediate between them by giving him the ability to review or terminate from the contract.It has been shown to us through the text of the subject of this article that the content of this reform applied to civil regulation came in a desire to assist the contractor who damaged in the event of a general crisis or emergency circumstances that could not be expected at the time of formation of the contract, making his implementation of his obligation to the other contractor Large and threatening to risk a great loss However, this authority was given to the judge after the contractors were granted a license to agree to renegotiate the terms of the contract.

If negotiations fail or not done, both of them may request the court to change terms of contract or even terminate the contract.