Basics and Jurisprudential Evidences of Contract Modification from the Viewpoint of Islamic Denominations

Contract modification has a special place in Iranian law and lawyers and jurists have discussed it in their discussions. Adjustment in its various types, such as contractual adjustment, legal adjustment and judicial adjustment, are the way forward for many contracts and agreements. The adjustment of the contract is made in order to make the contract fair and provide social benefits and support the injured person. In the field of jurisprudence and legal foundations of contract modification, the most important ones are: the rule of non-harm, the rule of difficulty and hardship, the theory of theft of an accident and the theory of an implied condition. And they have reason. Basically, the discussion of adjusting the contract is meaningful when the balance between the obligations of the opposite party is disturbed. It is natural that it is very unlikely to imagine such a situation in a contract where there is no gap between the conclusion and the completion of its effect, or a short time gap, while continuous contracts are always pregnant with facing events that can disturb the balance of the obligations of the parties. Research in the field of contract modification can create a suitable platform for lawyers to theorize and create a suitable rule or rules for contract modification. Also, it helps the judge to adjust the contracts with the help of the above-mentioned rule and theory, considering the silence and legal and contractual void, as well as examining the types of contractual adjusting conditions and the degree of influence and correctness of each of them in Iranian law. It is important for the people to set up long-term contracts correctly and accurately, as well as being comparative, examining the foundations of jurisprudence from the point of view of Islamic Denominations and the evidences that exist in the field of adjusting contracts are new and innovative aspects of research.