Iraj Babaei; Abbas Toosi; Morteza Torabi
Abstract
Private autonomy is one of the principles of human rights,according to which the individual freely exercises his will fully, in individual and social life. Imposing a duty on a person is just when it is based on the free choice of the individual. The principle of freedom of contract and its consequent ...
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Private autonomy is one of the principles of human rights,according to which the individual freely exercises his will fully, in individual and social life. Imposing a duty on a person is just when it is based on the free choice of the individual. The principle of freedom of contract and its consequent principle of contractual freedom,with respect to the will and liberties, is also rooted in the principles of human rights.Contractual freedom has traditionally emphasized the negative side of freedom,namely the non-interference and sanctity of contracts.The positive aspect of freedoms is the emphasis on the free development of different aspects of personality that require intervention. The question is,can private autonomy be considered a positive aspect of freedom and prevent the exploitation of the parties? In a comparative study of German and British law, we will see that the principle of private autonomy,relying on the right to self-determination, is seen as positive aspect of contractual freedom, which is an important basis for upholding fundamental human rights in support of the weaker party and countering unfair conditions. In Iranian law,this principle can be extracted by means of principles that override the negative aspect of contractual freedom and limit the essential as necessary.
Abbas Toosi; Javad Kashani
Abstract
Lease is one of the most important legal relationships that, by its economic and social dimensions, has been a main concern for statesmen of any country. In Iran, since modern legislation, the question of how to regulate the relationships has been subject to ups and downs. Civil Code may be understood ...
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Lease is one of the most important legal relationships that, by its economic and social dimensions, has been a main concern for statesmen of any country. In Iran, since modern legislation, the question of how to regulate the relationships has been subject to ups and downs. Civil Code may be understood as a starting point based on the autonomy of will (supply and demand). Influenced by some evolutions, the lease gradually came to be a critical contract so that statesmen authorized themselves to intervene in leasing relationships. Looking at such lease Acts proves such interventionist trend. The trend, however, ceased to continue following Islamic revolution and by passing of the 1376 Act, it came back to its starting point (Civil Code). Such a turning fitted to the idea of market efficiency. This paper examines the said interventions on the idea of market efficiency first by reviewing the lease Acts in terms of interventionism and then by using economic theory, it examines some situations known as market failures and shows that the interventionist Acts of lease cannot be explained on the basis of market failure.
