دور القاضي و المتعاقدين في تعديل العقد بهدف المحافظة على العقد

Abstract EN

In the civil law, the Algerian legislator granted the judge and the contracting parties the right to amend the contract and prejudice it, with the aim of preserving the existing contractual relationship and ensuring its continuity and the stability of the contractual centers and ensuring contractual security, although this amendment appears to be a trample of the traditional principles as a principle binding force and desecration of the principle of dominion of will and encroachment on the sanctity of the contract and violated its sanctity and deviation of the classical principles of the contract, but it is in its content a confirmation of the will of the contracting parties and a guarantee for the continuity of the contractual relationship, which makes the amendment as a clear application of the idea of maintaining the contract through working on the implementation of the contract and consolidate it through modification.