The judge's authority to return the nodal balance when emergency circumstances are achieved (Study in Libyan and Algerian law)

Abstract

This topic aims to determine the authority of the judge in the response to the contractual balance when the emergency circumstances are achieved, as well as to determine the scope of the judge's authority when applying the theory to contracts and means of addressing the difficulties of implementing contracts due to the circumstances, and to balance the interest of contractors to return the burdensome contractual obligation, which is the requirements of applying the theory of emergency conditions to the contractor, and that the judge's authority when applying the theory in modifying the terms of the contract, whether by reducing the burdensome obligation, increasing the mutual or corresponding obligation, or working to stop the contractual obligation to the end of the contract. The disappearance of the emergency circumstance and its effect, as well as its authority to avoid the contract due to the emergency circumstances.