Extent and limits of the judge's power to the contract
(Comparative study)
مضمون سلطة القاضي في تكميل العقد
حدود سلطة القاضي في تكميل العقد
القيود التي ترد على سلطة القاضي في تكميل العقد
The contractual imbalance is perceived today by the majority of the doctrine as being one of the pitfalls to the execution of the contracts. As a result, most legislations grant judges the power to intervene to restore it. Granting the judge the power to complete the contract raises the question of the extent to which the judge can obtain such power. Is it an absolute authority that is not limited? If so, is it a broad discretion in which the judge operates in his conscience, or is it a power of limited scope by specific legal texts and conventions? This is what we will try to answer in this research.