The Judges Authority in Contact Modification According to the Provisions of Libyan Law

Abstract

A contract possesses a binding authority that is equivalent, in its obligatory nature, to that of statutory legal provisions. Once a contract is validly concluded with all its essential elements duly fulfilled, neither party is permitted to unilaterally rescind or amend its terms. This restriction extends to the judiciary, which is likewise bound to uphold the contractual provisions pursuant to the principles of pacta sunt servanda (contracts constitute the law between the parties) and the doctrine of autonomy of will.

Nevertheless, economic and social transformations have exposed structural deficiencies in these foundational doctrines. As a result, judicial authority in reviewing contractual arrangements has emerged as both vital and necessary, primarily in safeguarding the interests of the weaker contractual party.

The judge’s role in modifying contractual terms may manifest at two critical junctures: first, during the formation phase of the contract, and second, throughout its execution. In circumstances where contractual obligations become significantly imbalanced, the legal framework permits judicial intervention to restore equilibrium and shield the contracting parties from potential harm or excessive burden