The Principle of Sovereignty of the Will and Its Applications in Civil Laws in the Digital Era
摘要
This research examines the concept of Sovereignty of the Will and its implications within civil law, particularly in light of the electronic age and advancements in digital technology. It explores two primary legal viewpoints: the first is grounded in the Sovereignty of the Will principle, which asserts that the binding nature of a contract stems exclusively from the will of the parties involved, free from legal interference. The second perspective takes a social stance, highlighting the necessity for legal intervention to promote fairness in contract execution. Additionally, the study delves into the theory of unforeseen circumstances, which seeks to adjust contractual obligations when exceptional situations arise that affect contract performance, and it investigates its applications within legal systems. The findings indicate that the theory of unforeseen circumstances serves as a crucial legal tool for maintaining balance between contracting parties, as it facilitates the modification of obligations in unforeseen events. A comparative analysis legislations revealed a general agreement on the application of this theory, despite some procedural differences. Furthermore, the study affirmed that Arab legal systems exhibit a degree of flexibility in addressing unforeseen circumstances; however, the practical implementation of this flexibility requires enhancement. Consequently, the study offers several recommendations, including broadening the application of the theory of unforeseen circumstances, providing ongoing training for judges and legal practitioners, reforming legislation to align with the economic and social transformations of the digital era, establishing clear protocols for the enforcement of judicial decisions related to emergency contract modifications, and emphasizing the use of modern technology in contract drafting to facilitate amendments more efficiently and swiftly.