نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق دانشگاه اصفهان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Contract is deemed to be law of the contracting parties. If the "law" be Kantian law, this means that the principle of the autonomy of the will is the basis of the validity of contractual content. Thus, other contractual principles, including the principle of good faith, equity and contractual justice (in the French Law) and the principles of negation of hardship and no harm (in the Iranian law), must be in harmony with the principle of autonomy of the will.
However, is this possible to avoid the social meaning of law which is a reflection of a naturalist view of the law of contracts and search for a new foundation for the validity of the content of a contract? If so, the place of the principle of autonomy would be reduced from a contractual foundation to a source for contractual implementation leading to the improvement of the aforementioned principles and adjustment of the contract? This research, through a comparative analysis in the Iranian and French laws, is to deal with the said question.
کلیدواژهها [English]
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