معالجة تغير الظروف في تنفيذ عقود التجارة الدولية وفقا للتشريع الجزائري و الاتفاقيات الدولية

Abstract EN

International commercial contracts are characterized by laxity.

the presence of a long time interval between the conclusion of the contract and its implementation, due either to the length of the period or to the agreement of the parties and their desire to achieve stability in their transactions, or to the nature of the work to be accomplished, and for the length of the contract, the contract may be subject to circumstances outside the scope of the contracting parties, whether by nature, as happened with Corona COVID 19, or by human action, or because of economic conditions, or the issuance of laws and other sudden events that make the implementation of the commitment cumbersome, not impossible.

faced with this situation, some national legislation has adopted solutions to address the imbalance of the contract due to emergency circumstances by amending the contract to the usual extent by the judge, and this is what the Algerian legislator has done in article 107 of the civil code, while international agreements, including the international institute for the unification of international law private unidroit has dedicated the principle of a hard ship renegotiation clause to correct the contract imbalance.

as for the Vienna convention, it did not refer to the theory of emergency conditions and was satisfied with the condition of the existence of the obstacle.