تحليل فقهي حقوقي نظريه تغيير اوضاع و احوال در قراردادها

A Jurisprudential-Legal Analysis of the Effect of Changes in the Modus Operandi on the Contracts.

The principle of the validity of contracts as an inviolable principle necessitates the enforcement of the contracts, but the implementation of the contracts on the basis of this principle sometimes causes irreparable losses to one party of the contract. Hence the jurists since long time back have been trying to find whether the contracts can be modified to cope with the changes in the modus operandi? As a result the posited laws of countries and the international conventions paid attention to this issue and finally it was accepted that if the modus operandi undergoes some changes, the contracts may be changed, modified or abrogated. The jurists rely on such reasons as implicit conditions at the time of the conclusion of a contract, interpretation of the contracts, occurring losses, the principle of good intention, etc. to substantiate their viewpoints.