abbas asadi; Mohammad bagher parsapour
Abstract
Today, basic or fundamental rights apply, not only in relationships between states and private parties, but also in relationships between private parties themselves, including contractual relationships between private parties. Fundamental rights are often used in contract law in order to protect ...
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Today, basic or fundamental rights apply, not only in relationships between states and private parties, but also in relationships between private parties themselves, including contractual relationships between private parties. Fundamental rights are often used in contract law in order to protect the weaker party in the contract. There are methods that can protect the weaker party by using Fundamental rights. These methods consist of: Direct horizontal effect and indirect horizontal effect. The latter divides into two methods: Strong indirect horizontal effect and weak indirect horizontal methods. This article considers manner of protection of the weaker party through Fundamental rights in labour contracts, family suretyship contracts and unfair contractual terms. By using above-mentioned methods in these contracts and unfair contractual terms, suitable solutions for the protection of the weaker party can be presented. For example, in the light of Fundamental rights, manifestly excessive penalty clauses and unfair family suretyship contracts can be null and void. It can also protect labours against unfair contractual terms, in labour contracts, such as non-competition clauses.
