| Home

Overview


Original Research

JUDGE'S POWER TO AMEND THE CONTRACT IN JORDAN LAW: A COMPARATIVE STUDY

Dr. IMAN ABDULJALEEL ABDULHAMEED ALAWABDEH

Vol 18, No 03 ( 2023 )   |  DOI: 10.17605/OSF.IO/JTE27   |   Author Affiliation: PhD in Civil Law, Ain Shams University - Arab Republic of Egypt.   |   Licensing: CC 4.0   |   Pg no: 232-244   |   Published on: 13-03-2023

Abstract

The aims of the study are to determine the judge's power to amend the contract in Jordan law: A comparative study. The problem with the study arose as to whether the judge's power to amend the contract constituted a breach of the established legal principle of contract, namely, "pacta sunt servanda", in order to be able to adjudicate fairly the dispute before it. Given the importance of the contracts not only to individuals but to society as a whole, we felt that this study should be divided into an introduction and researchers. The first was on the concept of the judge's discretion, and the second was on the discretion of the judge to amend the contract at the stage of its formation. The study reached a number of conclusions, the most important of which is: the Jordanian legislature has adopted the principle of nodal freedom, the principle of pacta sunt servanda and the principle of will in the contract, within the framework of article 87 of the Civil Code. However, we believe it also derogates from the principle of will in the contract. The Jordanian Civil Code is free from the general theory of the lack of exploitation, which is incompatible with the nature of this law based on justice, especially if the contract suffers from the disadvantage of exploitation. The Jordanian legislature restricts judicial protection to the exploitation of its needs. The exploitation results in the values of one party by exploiting the other party's needs, as a result of the vulnerability in which the other contractor is located to obtain benefits that are not of benefit to the latter.


Keywords

Judge's power, Contract, Jordan law