Sam Mohammadi; Mehdi Fallah
Abstract
To understand the principle of freedom of contract and its moral basis as well asits source in our jurisprudence and law, we must not seek this principle injurisprudential texts. The examination of moral principle shows that theprinciple is embedded in its concept. These rules are freedom of contractformation ...
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To understand the principle of freedom of contract and its moral basis as well asits source in our jurisprudence and law, we must not seek this principle injurisprudential texts. The examination of moral principle shows that theprinciple is embedded in its concept. These rules are freedom of contractformation and freedom of forms. This paper just argues that the most importantrule set forth in the principle of freedom of contract means freedom of formsbecause of the extension of subject. By exploring verses, reports, Jurisprudentialand legal sources, it can be stated that the rule of freedom of forms embedded inthe principle of freedom of contract is rooted in moral principles, such asgeneral principle of loyalty to the covenant and compliance of action with intentthat entered into legal system in the form of freedom of contract principle afterbeing adjusted and reformed.
Ebrahim Taghizadeh; Afshin Ahmadi
Volume 3, Issue 10 , March 2015, , Pages 9-42
Abstract
In European law and Common Law, on the basis of consumer protection, unfaircontractual terms are subject to specific regulation. In domestic law, lack ofsuch regulation can clearly be observed. According to general principles ofcontract law, these terms seem to be valid. As far as article “46” ...
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In European law and Common Law, on the basis of consumer protection, unfaircontractual terms are subject to specific regulation. In domestic law, lack ofsuch regulation can clearly be observed. According to general principles ofcontract law, these terms seem to be valid. As far as article “46” of ElectronicCommerce Act of I.R.Iran is concerned, unfair terms, which are harmful toconsumers, are not effective. Nevertheless, due to the specific and protectivebasis of E-consumers, this provision does not apply to other cases, andtherefore, it is not possible to refer to fairness under any rubric due to the lackof enforceability. In addition, although the principle of freedom of contract, thetheory of the ‘will’ parties and the necessity of contract indicate the validity ofthese terms, judges, in litigation, could deal with dispute resolution based onfairness. The Unfair Terms in Consumer Contracts Directive 93/13/EEC isEuropean Union Directive (then called European Economic CommunityDirective) which governs the use of surprising or onerous terms used in order todeal with consumers
