القاضي و تفسير العقد

Abstract EN

Judge and contract are two inextricably linked elements; still they are at times contradictory, for that the source of the contract is its parties whom need the judge to execute the contract, however the judge raises into mind the issue of his authority and function, for that the intervention of the judge in the contract raises concerns towards him, which affects the binding force and contractual freedom at the expense of other values.

The contract may be threatened by the intervention of the judge, which may distort a clear and precise contract that was issued by the notary whom formalizes the contract and guarantees the legal security.

The problematic is: What are the conditions and circumstances under which the judge exercises his broad powers in interpreting and adapting the contract?