Background and purpose: One of the excuses that is considered as an exception to the principle of the necessity or obligation of contracts is the change in the circumstances of the contract. In this article, an attempt has been made to examine the impact of changes in business contracts from the point of view of jurisprudence and judicial procedure.
Materials and methods: The article is descriptive and analytical, using the library method.
Findings: In Islamic jurisprudence, the rule of negation of distress and constriction and the rule of prohibition of detriment and the loss occurring in the contract could be the foundation for accepting the change of circumstances in commercial contracts. The impact of changing circumstances on commercial contracts in Iranian law is not legally clear, but it has not been rejected. In the judicial procedure, a few opinions could be found that accept the impact of changing circumstances in commercial contracts, despite the legal vacuum in this field.
Conclusion: It seems that in the silence of the legislator, it is possible to modify the contracts by referring to the rule of negation of distress and constriction and the rule of prohibition of detriment and the loss occurring in the contract, and the legal system can be moved to the direction of judicial modification of contracts. However, considering the economic changes and developments that affect commercial contracts, it is necessary for the legislator to accept the impact of changing circumstances on commercial contracts in the form of legal articles.