Contractual Justice as a Basis for Amending Contracts

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.