سلطة القاضي في تعديل التعويض الاتفاقي

Abstract

This study examined agreed compensation as a manifestation of the principle of the autonomy of the will in contracts, whereby the contracting parties may determine in advance the amount of compensation payable in the event of a breach of contractual obligations. It addressed the concept of agreed compensation, its characteristics, and its legal nature, while distinguishing it from similar legal concepts. The study also clarified the conditions for entitlement to agreed compensation, namely contractual fault, damage, the causal link, and formal notice.

Furthermore, the study examined the judge’s role in modifying agreed compensation as an exception to the principle of the binding force of contracts. It explained the scope of the judge’s authority to review the legality of agreed compensation and the conditions for its entitlement, as well as the circumstances in which the law permits the reduction, increase, or non-enforcement of agreed compensation, with the aim of achieving a balance between respecting the will of the contracting parties and the requirements of contractual justice.