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Ethical Basis of Unfair Terms and Their Enforcement Challenges in Iranian Law
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Majid Rafiei Pary1   , Ali Radan Jebeli2 , Alireza Mazloom Rahni3 |
1- Ph.D. Student, Qeshm International Branch, Islamic Azad University, Qeshm, Iran
2- Department of Law Khorasgan Branch, Islamic Azad University, Isfahan, Iran , aradanjebeli@gmail.com
3- Department of Law, Shahr Quds Branch, Islamic Azad University, Tehran, Iran |
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Abstract: (11 Views) |
Background: In commercial contracts, sometimes terms are considered that cause one of the parties to be in a weaker position. These terms, which are called unfair terms, are the basis of this article, and the ethical bases of their enforcement challenges in Iranian law constitute the purpose of the study.
Conclusion: The weakness of one of the parties in the contract can indicate the implementation of unfair terms so that these terms are imposed on him. The importance of this issue is due to the scrutiny of fairness in the contract, which is important in both religious, moral and legal dimensions. The most important moral basis of unfair terms is, along with freedom, justice and fairness. The principle of freedom of contract and justice and fairness in transactions are among the established principles in competition law, which actions such as including unfair terms in consumer contracts lead to their violation. For this reason, the necessity of legal treatment of unfair terms by the enforcement authority is very important. The findings indicate that in Iranian law, the main challenge is the lack of a coherent law in the field of unfair terms with a detailed and comprehensive treatment. On the other hand, the issue of honest action is one of the gaps in the field of enforcement and prevention of unfair terms that can be exploited. Finally, making laws and contracts intelligent can be effective in preventing the enforcement of unfair terms, and domestic laws in this field need a fundamental review.
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| Keywords: Ethics, Justice and fairness, Unfair terms |
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Full-Text [PDF 659 kb]
(13 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/10/2 | Accepted: 2024/12/15 | Published: 2025/11/1
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