سلطة القاضي في تعديل العقد في القانون المدني الجزائري

Abstract EN

The contract is the consensus of two or more wills to produce a legal effect, which is known as the principle of the willpower, because the will is the supreme authority in the formation of the contract and any effect resulting therefrom.

Therefore, we agree that the law gives contractors the freedom to conclude legal acts without interference.

But out of this legal rule, the law gave the judge the power to be described as exceptional in order to amend the contract, if the contract is coupled with circumstances that make it imbalance, here must intervene to restore the balance of this contract so as not to harm one party to the contract more than the other.