Formation of the amended contract by the will of its parties

Document Type : Original Article

Author

كلية الحقوق - جامعة المنصورة

Abstract

The idea of forming a modified contract assumes the existence of a valid contract and at the stage of implementation, the contracting parties agree to reconsider the mutual obligations between them, whether in primary or secondary matters, to suit the new circumstances, by amending some obligations and replacing them with others they agree upon, so if the parties have the authority to conclude the basic contract, they can create a new contract amending their basic contract, by virtue of their will in accordance with the principle of the authority of the will, They are free to anticipate the difficulties facing their contract at the stage of performance and then to find solutions that suit them, through a modified contract that allows for the restoration of contractual balance and the derogation of circumstances within the limits of the content of the contract, without prejudice to one of the parties. The free will may arise whatever effects it wants in contractual relations in application of the principle of the authority of the will, and this principle is an agreement of two wills aimed at producing legal effects, so the formation of the amended contract with two wills and all the conditions and elements agreed upon are valid that take the status of the law in terms of force.

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