A Review of the Adjustment of the Obligation in Jurisprudence and Law

Globalization, the rise of urbanization, the growth and expansion of economic and trade exchanges, have given contracts special opportunities. Therefore, the present article seeks to review the "procedure of judicial courts in issuing decisions to modify the contractual obligation.

According to the thematic documents presented in this research, the method of comparative research and the method of data collection in this research is documentary-legal analysis.

In Iran, according to Article 230 BC, while there is no single judicial procedure, it has been emphasized that it is not possible to adjust the obligation, which is not compatible with the rules of justice and fairness, prohibition of void property. It is proposed that the obligation be adjusted until the amendment of the said article in accordance with the French Civil Code, at the request of the parties.

Ethical considerations:

 In different stages of writing this article, ethical principles have been considered, including paying attention to the method of scientific and ethical reference.

The lack of a contractual legal framework and the lack of a proper legal explanation of the theory of unpredictability are the two main challenges in Iranian law in relation to the adjustment of the obligation. It is necessary to pay attention to the necessity of respecting the principle of freedom of contracts on the one hand and preventing the violation of the rights of the weak party to the contract and the conditions prevailing at the time of concluding the contract by emphasizing the inner will of the contracting parties.