A comparative study of judge authority in adjustment contracts in the Iranian and French laws

Paper Details

Research Paper 01/06/2015
Views (499)
current_issue_feature_image
publication_file

A comparative study of judge authority in adjustment contracts in the Iranian and French laws

Mahbobeh Golpichi, Pejman Mohamadi
J. Biodiv. & Environ. Sci. 6(6), 552-558, June 2015.
Copyright Statement: Copyright 2015; The Author(s).
License: CC BY-NC 4.0

Abstract

The principle of stability and firmness of contracts has been recognized in laws of obligations as a general rule. Undoubtedly, principle of intention dominance and the rule of adherence of contract from common intention require that compromise provisions always be respected and needed-to-meet and none of the two parties cannot defy from provision contract and due obligations or capture the territory of common will or theater the terms of the contract. In investigating the limits the contractual freedom principle, the judge authority in juridical moderation of contract, is along with forging this authority for the judge which if required after attaining qualifications to change the situation and conditions of the contract, the purpose of this balance and fairness and uniformity in terms of its contractual obligations after making changes to the terms of modifications to the Amendment Agreement. Articles 277 and 652 of the Civil Code of Iran in the format of granting juridical date and the division of judicial enforcement of the obligation, the possibility to intervene in contract by judge are anticipated. But the issue of judge’s authority to modify the contract is not stated directly. weather a comparative study of different countries in the admitting this subject, and by taking a principled and juratory rules-based solutions, fill this legal gap and by proposing passing appropriate laws, we give judge the authority to modify the contract and provide the possibility to fulfill long-term contracts that have not been implemented due to unpredictable events, or faced with an obstacle.

Bigdeli S. 2009. Modified. Second edition. Tehran. The legal foundation.

Catozian N. 1990. Introduction of Rights. Tehran.

Catozian N. 1995. Civil rights (swap transactions, purchase contracts). Tehran.

Catozian N. 2011. General rules of contract. the sixth edition. 3. Tehran.

Hekmat MA. 1986. The impact of changes in credit conditions and international contracts. International Journal of Legal Services. N. 3.

Ismael Abadi A. 2006. Adeleh comparative study period. Legal light Journal. No. 11.

Kermani H. 1996. A review of unfair contract terms in the Anglo-Iranian Rights. Tehran University.

Qasm¬Zadh M. 2009. Concise contracts and commitments. First Edition. Tehran.

Sadqy Mqdm MH. 2011. Changes in the terms of the contract. third edition. Tehran.

Safai H. 1972. The Cairo or force majeure. Legal Journal 3.

Shafayi MR. 1997. Comparative study of the situation in Contracts. First Edition. Tehran.

Shahidi M. 1989. Falling commitments. Thirteenth Edition. Thran.

Shahidi M. 2007. Civil rights and obligations of the contract 3.Tehran.

Related Articles

Design and development of a sustainable chocolate de-bubbling machine to reduce food waste and support biodiversity-friendly cacao processing

John Adrian B. Bangoy, Michelle P. Soriano, J. Biodiv. & Environ. Sci. 27(4), 41-47, October 2025.

Ecological restoration outcomes in Rwanda’s Rugezi wetland: Biodiversity indices and food web recovery

Concorde Kubwimana, Jean Claude Shimirwa, Pancras Ndokoye, J. Biodiv. & Environ. Sci. 27(4), 32-40, October 2025.

Noise pollution in the urban environment and its impact on human health: A review

Israa Radhi Khudhair, Bushra Hameed Rasheed, Rana Ihssan Hamad, J. Biodiv. & Environ. Sci. 27(4), 28-31, October 2025.

Prevalence of Anaplasma marginale and Ehrlichia ruminantium in wild grasscutter’ specific ticks in southern Côte d’Ivoire

Zahouli Faustin Zouh Bi, Alassane Toure, Yatanan Casimir Ble, Yahaya Karamoko, J. Biodiv. & Environ. Sci. 27(4), 21-27, October 2025.

Impact of social media campaigns on farmers awareness of environmental conservation practices

Preeti Raina, Rahul Kumar Darji, Rahul Mittal, J. Biodiv. & Environ. Sci. 27(4), 1-8, October 2025.

Phytochemical analysis and antioxidant activity of ethanolic leaves extract of Psidium guajava

G. Saranya, K. Durgadevi, V. Ramamurthy, J. Biodiv. & Environ. Sci. 27(3), 57-63, September 2025.

Physicochemical and phytochemical analysis of Glycyrrhiza glabra root extract

J. Ramalakshmi, P. Vinodhiniand, V. Ramamurthy, J. Biodiv. & Environ. Sci. 27(3), 50-56, September 2025.