تـهذيـب الـعـقد (دراسة مقارنة)

الملخص

This research examines the concept of contract moderation as a legal mechanism aimed at rectifying the effects of a contract when its performance results in a serious disruption of contractual balance, without affecting the validity of the contract or its essential substance. The study proceeds from the question of whether abstract contractual consent is sufficient to achieve contractual justice and economic efficiency in light of contemporary economic and social developments, which have produced disparities in bargaining positions and increased the complexity of legal relationships. Accordingly, the research addresses this topic by defining the concept of contract moderation and clarifying its legal basis and governing rules, through an analysis of relevant statutory provisions and a review of doctrinal trends and judicial applications, within the framework of a comparative study between Iraqi civil law and selected comparative legal systems. The study ultimately seeks to highlight the role that contract moderation can play in striking a balance between respect for contractual autonomy and the requirements of justice and transactional stability, culminating in conclusions and recommendations that contribute to the development of legislative and judicial approaches to this legal mechanism.