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    Contractual Justice as a Basis for Amending Contracts

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2025:;Volume ( 017 ):;issue: 003::page 04525018-1
    Author:
    Mamoon Al-Samadi
    ,
    Hashim Ahamd Balas
    ,
    Reem Shatnawi
    ,
    Ahmed Al-Btoosh
    DOI: 10.1061/JLADAH.LADR-1217
    Publisher: American Society of Civil Engineers
    Abstract: Contractual obligations can be changed in a number of ways, including by lawmakers, judges, or contractors. Parallel to these different approaches, a general basis must be adopted. This basis will serve as the foundation for amendment as a comprehensive concept by adopting a general moral basis because the purpose of the amendment is ethical, and the fairness of the contract is this basis. This principle is known as contractual justice. The contract must be fair and not exceed the principle of contractual security. This is done by giving objectivity to contractual obligations and highlighting the principles of justice in implementing contracts, which is only a means to achieve an end. Its parties must not be victorious at the expense of its subject. The contract is a dealing tool and must be studied according to this perspective. This study addresses two critical topics discussed in two sections. The first is contractual justice in terms of its concept, elements, and the basis on which it is created. The second chapter is devoted to clarifying the principle of contractual security by studying its concept, elements, and the function it performs. This study arose from the widespread use of contracts in daily life. Because of the various situations and forces that impact the nature of the commitment and agreement, particularly the temporal ones, we need to research this subject in a way that demonstrates the nature of the contract and the contractual security that is desired to develop a contemporary contractual concept that satisfies the requirements of the contractors and the nature of the work, safeguarding both the parties to the contract and the purpose for which it was made. The problem of the study lies in explaining the permanent relationship between contractual justice and contract amendment and the extent to which it is mandatory to adhere to the principle of contractual security as a restriction on the use of contractual justice as a basis for contract amendments. The main objective of this study is to clarify the impact of the principle of contractual security on the use of contractual justice as a basis for contract amendments.
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      Contractual Justice as a Basis for Amending Contracts

    URI
    http://yetl.yabesh.ir/yetl1/handle/yetl/4307531
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    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

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    contributor authorMamoon Al-Samadi
    contributor authorHashim Ahamd Balas
    contributor authorReem Shatnawi
    contributor authorAhmed Al-Btoosh
    date accessioned2025-08-17T22:50:32Z
    date available2025-08-17T22:50:32Z
    date copyright8/1/2025 12:00:00 AM
    date issued2025
    identifier otherJLADAH.LADR-1217.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4307531
    description abstractContractual obligations can be changed in a number of ways, including by lawmakers, judges, or contractors. Parallel to these different approaches, a general basis must be adopted. This basis will serve as the foundation for amendment as a comprehensive concept by adopting a general moral basis because the purpose of the amendment is ethical, and the fairness of the contract is this basis. This principle is known as contractual justice. The contract must be fair and not exceed the principle of contractual security. This is done by giving objectivity to contractual obligations and highlighting the principles of justice in implementing contracts, which is only a means to achieve an end. Its parties must not be victorious at the expense of its subject. The contract is a dealing tool and must be studied according to this perspective. This study addresses two critical topics discussed in two sections. The first is contractual justice in terms of its concept, elements, and the basis on which it is created. The second chapter is devoted to clarifying the principle of contractual security by studying its concept, elements, and the function it performs. This study arose from the widespread use of contracts in daily life. Because of the various situations and forces that impact the nature of the commitment and agreement, particularly the temporal ones, we need to research this subject in a way that demonstrates the nature of the contract and the contractual security that is desired to develop a contemporary contractual concept that satisfies the requirements of the contractors and the nature of the work, safeguarding both the parties to the contract and the purpose for which it was made. The problem of the study lies in explaining the permanent relationship between contractual justice and contract amendment and the extent to which it is mandatory to adhere to the principle of contractual security as a restriction on the use of contractual justice as a basis for contract amendments. The main objective of this study is to clarify the impact of the principle of contractual security on the use of contractual justice as a basis for contract amendments.
    publisherAmerican Society of Civil Engineers
    titleContractual Justice as a Basis for Amending Contracts
    typeJournal Article
    journal volume17
    journal issue3
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/JLADAH.LADR-1217
    journal fristpage04525018-1
    journal lastpage04525018-9
    page9
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2025:;Volume ( 017 ):;issue: 003
    contenttypeFulltext
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