Modification of the contract between the rule and the exception
Keywords:
Agreement, Amendment, constitutive judgmen, Contractual Obligation,, SourceAbstract
This research paper aims to shed light on the subject of amending the contract between the contractual will and the authority of the judge legally delegated to amend the contract in cases that have been mentioned but not limited to, by explaining the role of the contractors in amending the contract and its limits, and the role of the judge in amending it, its limits and its nature between the disclosure and creation of the contractual obligation, which makes us wonder to what extent it is permissible to say that the judge's ruling to amend the contract may be considered one of the sources of the contract by replacing the old contractual obligation with an obligation. It begins the process of amending the contract within the limits of the legal authority delegated to it
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