iajlIAJLIAJL2709-949010.47310/iajl.2023.v05i02.001Judicial Treatment of Contractual ImbalanceMohammedMohsen AliAl-ShammariProf. Dr. Mohammed Abdo Islamic University, Faculty of LawContractual balance is the goal of all legislation, and research on this topic appears at the forefront in a renewed manner, due to its legal and realistic necessity. It is a goal that is directly proportional to every development in our daily lives. It is noticeable that it receives the attention of jurisprudence, legislation and the judiciary alike, and in each period of time it takes from the space what achieves this protection for this principle, but it returns again with the emergence of a group of transactions that did not exist before, so the stakeholders must intervene to protect it again. It seems to us that the principle of contractual balance has an endless nature and characteristic due to its close connection and relationship with justice. Contractual balance, as we have shown, is one of the topics that are constantly being researched from multiple aspects. It is the most frequently repeated issue and will continue to be considered. It is difficult for jurisprudence and legislation, as well as the judiciary, to find a solution that is consistent with the development taking place in the field of commercial and economic relations. Most of these solutions are temporary and apply to a specific period of time or a group of contracts. However, these solutions quickly disappear with the emergence of a new group of contractual transactions that meet the needs of society for goods and services. Research into contractual balance at the inception of the contract is futile because the imbalance in the contract appears more strongly when the contract is implemented if the economic conditions that were included in the contract change significantly, resulting in the exhaustion of one of the contracting parties and the other contracting party benefiting from this exhaustion, which necessitates restoring the imbalance so that we can ensure the preservation of equality between the contracting parties by creating a kind of stability in commercial transactions without the contract being exposed to invalidity or correction. Therefore, the legislations under comparison have put in place treatments that are appropriate for cases of imbalance in the contractual balance through the role of the judge in restoring the contractual balance. This is done in two stages: the stage of concluding the contract and the stage of implementing it. The role of the judge appears in the stage of concluding the contract through exempting the submissive party from the arbitrary clause or amending it or through interpreting the arbitrary clause if it is ambiguous in favor of the submissive party, which is weak in the contractual bond. Also, the authority of interpretation or the court is not limited to the stage of concluding the contract, but rather extends to the stage of implementing it. Legislations, including Iraqi and Egyptian legislation and French civil legislation, have granted the authority to intervene to confront exceptional circumstances and economic fluctuations that result in an imbalance in the contract.