Considering Fundamentals of Judicial Adjustment of Contract in Iran’s Law

Abstract

In contracts known as continual contracts in which subject components get realized with time parts, sometimes occurrence of unexpected events such as decrease in bill value (not money value) and severe decrease of means of application of contract subject affects it and by committing the contract the undertaker incurs difficulty. If parties have not mentioned required commitments for re-balancing commitments in the contract context and the legislator has not predicted that in law, this question comes in mind if judge can review the contract based upon on-contract terms, bona fide or any other rule, with purpose of returning financial balance of the contract. Although it has not been identified as a general rule in laws of contracts in Iranian legal system judicial adjustment of contract, it seems that there are some principles, fundamentals, and regulations such as denial of difficulty that can justify acceptance of judicial adjustment.