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Explanation of Contractual Balance as the Principle of Fairness, Good Faith and Good Ethics in Contract Law
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Saif Hoom Mahdi A-Nasiri1   , Siamak Jafarzadeh2 , Mohammad Hasan Javadi1 |
1- Ph.D. Student, Department of Private Law, Faculty of Literature and Human Science, Urmia University, Iran.
2- Fiqh and Islamic Law Department, Faculty of Literature and Humanities, Urmia University, Iran , siamakjafarzafeh@gmail.com |
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Abstract: (8 Views) |
Background: The concept of "contractual balance" seeks to instill the need for balance between the parties to a contract in contract law with the aim of protecting the weak side of the contract and social benefit. And he wants to establish a guarantee for the execution of termination or amendment by the judge for the inequality of the obligations of the parties of a contract. Considering the importance of this topic, the present research has explained the contractual balance as the principle of fairness, good faith and good ethics in contract law.
Conclusion: Moral principles are fundamental values that are based on the norms and values accepted by the majority of society. The effectiveness of the contract economy is to a large extent subject to the manifestation of ethical behavior, because ethical behaviors are internal guarantees that by creating trust, preventing opportunism, and commitment to commitment, reduce transaction costs, contract efficiency, and overall well-being. Despite the requirements of the principle of freedom of contract, contracts are concluded out of unequal necessity. And the government has the duty to support the weak side of the contract by enacting special and mandatory laws or applying special conditions, as well as guaranteeing proper implementation to deal with unfair and unjust conditions, such as the rescission of the contract and annulment of the conditions, while maintaining the contractual balance. Among the most important ethical solutions for creating and maintaining contractual balance, we can mention informed consent and providing information, good faith as an information obligation to the other party of the contract, prohibition of imposed conditions, prohibition of exclusionary conditions, and prohibition of unfair conditions |
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| Keywords: Contractual balance, International commercial contracts, Renegotiation, Good faith, Good ethics |
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Full-Text [PDF 771 kb]
(15 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/05/9 | Accepted: 2024/07/14 | Published: 2025/11/1
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