The legal standard of realism in civil contracts

Abstract

Abstract :The legal standard makes legislation more realistic, given its flexibility and the positive role it gives to the judge of the matter in achieving the ultimate goal of the law, which is justice, that is, justice in social and legal relations, as the majority of judicial rulings support this through the latter’s consideration of the circumstances and circumstances. surrounding the conflict before it The work of the judges or the applied side precedes the legislation in charting the path paving the way for the issuance of more just and realistic legislation, and thus it contributes to the making of the law, that is, it represents the living embodiment of the real situations, actions and disputes in professional contracts of a profitable and non-profit nature that are presented before the judge and which must have A solution through the work of the judge by taking into account its specificity and uniqueness from its counterparts, Therefore, the legal standard serves as a means of legislative art that complements its traditional means and is more capable of achieving a reasonable amount of legal realism, which depends on expanding the role and authority of the judge, as the legislative text, no matter how general and abstract it is, cannot anticipate everything. Therefore, it is necessary to know what is the legal role of the judiciary in determining and resolving disputes of a professional nature? Does realism interfere in imposing its conditions and allowing the judge to search for the purpose or functional solution of the legislative text, or is his role limited to the literal application of the legal text? Likewise, is the judge’s intervention by resolving disputes presented to him by resorting to the realism and circumstance of profitable contracts and the scope of his authority therein restricted or absolute? This is within the framework of two types of contracts: contracts with a professional, for-profit nature and contracts with a non-profit, professional nature.