سلطة القاضي في تعديل العقد

Abstract

The authority of the judge to modify contracts is considered one of the moste important means or mechanisms that the algerian legistlator has approved according to clear and explicit legal texts to protecte the common interests of the parties and to protect the public interest of society, as will as to acheive the contractual justice and preserve the stability of the contracts, which are an exception to the most important principle on wich contracts are based, wich is that the contract is "the law of the contracting parties". The judge intrevenes to modify the contract during the formation and execution stages, in the first stage, the judge intervenes when there is fraud resulting from exploitation and when there is a adhesion contract that includes an arbitary condition. As for the execution stage, it occurs when their is an emergency circumstances that affects the public, or when is a penalty clause that is disproportionate to the actuel damadge, in addition, the judge may grant the debtor a duration judicial to fulfill his obligationwhen he falls into a special exceptional circumstance