Court authority to complete the contract in Jordanian civil law

Samed Aldraousheh, Khalid Al-drow

Abstract


The principle of authority will came to liberate contractors of restrictions that restrict and limit the will of contractors. this principle puts the base (Pacta sunt servanda), it means that contractors are free with what they impose of conditions and restrictions in contracts that they put, without any prevention, but we can not take this principle without any limits, because it has some of negative results especially when there are new circumstances while execute contract and after. From this point Jordanian legislator left the right to judge to intervene in modifying some of contract terms, and determine parties’ obligations in the border that he had drawn to avoid negative effects, that may harm one of the contractors.

Keywords: authority, contractors, restrictions.


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ISSN (Paper)2224-5758 ISSN (Online)2224-896X

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