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Moral Imperatives in Imposed Contracts to Protect the Weak Party
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Mehrdad Shokrani1   , Mohammad Hasan Javadi2 , Seyyed Mahdi Salehi3 |
1- Ph.D. Student, Private Law, Urmia University, Urmia, Iran
2- 2. Department of Jurisprudence and Islamic Law, Faculty of Literature and Humanities, Urmia University, Iran. , jmohammadhasan3@gmail.com
3- Department of Jurisprudence and Islamic Law, Faculty of Literature and Humanities, Urmia University, Iran. |
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Abstract: (21 Views) |
Background: An imposed contract is an agreement between the parties whereby one of the parties (the one with higher bargaining power) determines all or most of the terms of the contract. The other party (the one with weaker bargaining power) has less leverage to negotiate reasonable terms or none at all. Accordingly, considering ethical principles is important to protect the weak party of the contract. Hence, the present study was formed with the aim of examining the moral imperatives in imposed contracts to protect the weak party and the consumer.
Conclusion: In contracts, there are provisions that appear to follow the principle of validity and are concluded based on sound contractual principles, but in themselves they are imposed conditions that have been imposed on the other party due to the abuse of the superior position of one party in the contract. Considering that in the law, an imposed contract is a valid contract and its existence is inevitable in today's transactions and exchanges, justice and fairness require that the weak party be protected by the legislator. What secures the interests of the weak party in imposed contracts is the modification or elimination of unfair and unjust conditions while preserving the principle of the contract. Of course, only the guarantee of executions of nullity, termination and non-influence cannot secure the interests of the weak party who needs to conclude a contract.
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| Keywords: Ethical Principles, Imposed Contract, Justice, Weak Party |
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Full-Text [PDF 387 kb]
(19 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/07/24 | Accepted: 2025/09/28 | Published: 2026/05/28
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