نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد گروه حقوق خصوصی و اسلامی دانشکدة حقوق و علوم سیاسی دانشگاه تهران
2 استادیار گروه فقه و حقوق اسلامی دانشکدة ادبیات و علوم انسانی دانشگاه ارومیه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The concept of ‘Contract Equilibrium (CE)’ which attempts to ensure equality between the parties to the contract, due to its conflict with principle of autonomy and its principles, that are liberalism and individualism, it has not been able to find appropriate position in the Classical Contracts Law (CCL). This approach is not merely contrary to the principle of autonomy itself, but also to its subordinate principles namely the liberty of contract and unilateral irrevocability; the principles which due to the maintaining and re-establishing CE, prevent interference with the content of the contract. Hence, CE violates the coherence of the law that established based on the principle of autonomy. In addition, there is no point in justifying exceptional rules relevant to lesion and theory of unforeseen events and in such a system reliance on the will also justifies these rules. Owing to such contradictions and inefficacies, the aforesaid concept is missing from CCL and this concept currently has been able to have a decent position in modified legal order, by questioning the mentioned principles and based on the social thought of the contract.
کلیدواژهها [English]
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