Basics of contract judicial adjustment in Iranian and Turkish law

Articles in Press

Document Type : Research Paper

Authors

1 Student of private law department of Urmia branch of Azad University

2 Assistant Professor Department of Law, Islamic Azad university, Urmia Branch

3 Assistant professor of private law department of Islamic Azad University, Urmia branch

10.22034/law.2025.60340.3361

Abstract

The principle of the necessity of contracts guarantees the security and stability of contractual relationships and prevents violations in the implementation of obligations; But one of the excuses that is considered an exception to this principle is the change in the contract's circumstances, which disturbs the economic balance of the contract, makes its implementation difficult, expensive and unconventional, but does not make it impossible; Especially in long-term contracts where there is a gap between the conclusion of the contract and its implementation. Although this theory is not specified in Iran's laws, but in Turkey's legal system, due to the economic crises experienced in recent years and the negative effects of these crises, especially on foreign currency debts, the possibility of adjusting the contract is accepted. In this research, the possibility of adjusting the contract, its conditions and its effects in the laws of Iran and Turkey have been studied in an analytical and descriptive way. By examining the basics of the theory of change of circumstances, it seems that in some contracts, emphasizing the implicit condition and in most of them citing the rule of negation of hardship and hardship can be a suitable justification in the assumption of the lack of explicit agreement between the parties or the absence of legal reason. Based on these principles, the change in circumstances can have effects such as suspending the implementation until the final task is clarified, adjusting the amount of obligations and, accordingly, the possibility of requesting renegotiation. In Turkish law, unlike Iranian law, the theory of contract change is accepted in the Law of Obligations, and accordingly, the possibility of adjusting the contract faces less difficulties.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 30 March 2025

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