نوع مقاله : مقاله پژوهشی
1 دانشکده علوم اداری و اقتصاد دانشگاه اصفهان
2 هیات علمی پردیس فارابی دانشگاه تهران
3 عضو هیات علمی دانشگاه اصفهان و وکیل دادگستری
عنوان مقاله [English]
The conflict of justice and freedom is as old as contractual law. Despite the controversy over the justice protection and to restrict freewill , for many years, freedom of contract dominated the path to the interest of individuals and distributive justice in the community. But, over time, the economic relations of societies, shook the assumption of freewill. The scope of the application of standard contract, more than other contracts, is based on the justification of parties freewill in using these forms and of course, saving time, costs and having a superior position in imposing contractual terms. Abuse of this freewill, justifies the restriction of this principle and tendency to observe contractual justice as well. Lack of freewill in contracting parties, inequality of transaction power and market failure, are the main reasons for tendency toward controlling standard contracts. the author, in addition to comparative review of these reasons, tries to evaluate their importance regarding to the available criticism.