Restrictions and conditions for amending the civil contract A comparative study between Algerian and French legislation

Abstract

The Algerian legislator was proactive compared to the French legislator in talking about the
possibility of amending the contract, as the priority for the Algerian legislator was to develop
legal texts that give the judge the possibility of amending the contract in order to remove the
burden on one of the parties, while the French legislator procrastinated and did not allow the
judge this authority, preventing him from amending the contract no matter what. Circumstances
change.
The reason for the French legislator’s delay in recognizing the possibility of amending the
contract was his exaggeration in his commitment to the necessity of respecting the sanctity of the
contract, as the mere thought of amending the contract is something that affects the stability of
transactions according to him, and affects the legal security of those contracts, and he continued
this approach for a long time and did not change his mind. Only recently under Order 2016-131.