Judicial Adjustment of Contracts and Social Pathology in EPC Contracts

Document Type : Original Article

Authors

1 faculty of law,ISLAMIC AZAD UNIVERSITY Kermanshah.iran

2 faculty of law , islamic azad university of kermanshah, iran

Abstract

The adjustment of the contract is an important legal tool that restore the economic balance.This institution is divided into three categories contractual,legal and judicial, about the position of judicial adjustment in the EPC contracts with the fact that in this type of The adjustment should be issued by the court. on the other hand Reference Solving Disputes EPC contracts is in the jurisdiction of the Supreme Council arbitral. some challenges and problems in this ground is so important, including the lack of law for judicial adjustment, being appoint all arbitrators by the employer and loss of education in law of arbitrators are so important. Creating and accepting this thought movement about this kind of adjustment of the contract affected by reception of society's Economic developments on EPC contracts. Therefore, the purpose of this article is, examining the angles of judicial modification in this kind of contracts and the challenges of this issue and providing solutions to removing these problems from the perspective of sociology of law.

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