Versita

Provisions for unilaterally amending the contract in Jordanian law

Assistant Professor Nasir Muhammad Saeed Al-Balawi
Keywords: Individual will, Contract Modification, Individual Actions. ,

Abstract

The study aimed to clarify what is meant by the individual will and to indicate the types of individual actions within the scope of the contract, and to explain the rules and provisions governing the amendment of the contract by the individual will in accordance with the general provisions in the Jordanian Civil Code, and this research is important because there is no theory or special study to modify the contract by the individual will, which requires its research to clarify and remove ambiguity, and based on the above, the researcher reached a set of results that can be summarized, the most important of which is that there is more than one type of unilateral behavior may be Independent, i.e. it has nothing to do with a concluded contract, or the unilateral conduct is in a contractual context in the sense that there is a contract concluded and the individual will intervenes to amend it, as one of the most important justifications for the unilateral amendment of the contract is to rebalance the contractors if one of them is weak in his position against the other, or the amendment is for the good regularity of the contract and maintain its place, and the most prominent recommendations made by the research were the need to include in the Jordanian Civil Code a text that gives the right to modify the contract by unilateral will but must be put Restrictions and conditions that ensure the stability of transactions, that is, the unilateral amendment should be within a very narrow scope and in cases where there is no justice and there is a great injustice to one of the parties.