شروط مقید به زمان در عقود مستمر از منظر حقوق ایران و مصر

This article conducts a comparative study of time-bound conditions in continuous contracts from the perspective of Iranian and Egyptian law, with a special focus on administrative and contracting agreements such as EPC and BOT, in order to determine the effect and time requirements in continuous contracts and their effect on the legal order and maintaining economic equilibrium and the survival of long-term contracts in two legal systems with different foundations (jurisprudential and consolidated). This study also seeks to clarify how temporal effects and requirements operate in continuous contracts and their impact on the legal order and the maintenance of contractual balance in two legal systems with different foundations (jurisprudential and consolidated), through a re-reading of jurisprudential and legal foundations, judicial decisions, and doctrine in both countries. The findings indicate that Iranian law, with a stability-oriented and obligation-based approach grounded in Imami jurisprudence, leads to strict hierarchies, the impossibility of judicial adjustment of penalty clauses, and ultimately a tendency toward outright termination in the face of major crises (such as severe inflation), the consequence of which is a growing increase in litigation and a threat to the stability of national projects. In contrast, Egyptian law, by adopting an executive and justice-oriented approach and drawing on rules such as hardship adjustment (Article 147 of the Civil Code) and judicial adjustment of penalty clauses, prioritizes flexibility tools such as adjustment of deadlines, partial termination, and preservation of the contract's survival, establishing a more dynamic balance between the binding force of the contract and equity. Drawing on the Egyptian experience and within the framework of jurisprudential and legal capacities (such as the rules of la darar [no harm], 'usr wa haraj [hardship and constriction], etc.), a maximum 25 percent adjustment of time conditions in Articles 29 and 30 of the "General Conditions of Contract" or the Public Transactions Law is feasible.