مدى سلطة القاضي في تعديل العقد في ظل جائحة كورونا و احترام مبدأ سلطان الإرادة : دراسة تحليلية مقارنة

Abstract EN

The Corona virus has affected all countries of the world, leading them to resort to a state of emergency that has led to individuals not being able to meet their contractual obligations.

So in this research I addressed the definition of the pandemic, the theory of emergency circumstances and the extent of the judge's power to amend the contract.

We concluded with a set of recommendations, including that the pandemic was the circumstances that arose after the conclusion of the contract and that contractors could not anticipate it and made the performance of the obligation burdensome or impossible depending on its impact on the contracts.

In order to be considered an exceptional circumstance, the circumstance must be general and unexpected, which justifies the judge's intervention by using the mechanisms conferred upon him by law to adapt the contract without prejudice to the principle of freedom of contract.