The place of the Principle of Social Dignity in Contract Law

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Torabi Morteza; Babaei Iraj; Toosi Abbas

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2022 | Volume:86 | Issue:118 Page(s): 21-48

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Information Journal Paper

Title

The place of the Principle of Social Dignity in Contract Law

Author(s)

Torabi Morteza | Babaei Iraj | Toosi Abbas | Issue Writer Certificate

Keywords

Constitutionalisation of Fundamental Rights

Human Dignity

Social Dignity. Contractual Freedom

Democratic Human Rights

Abstract

Fundamental human rights have traditionally been discussed in public law and can be applied to state-citizen relations (vertical relations). However, its application in the relationship between citizens (horizontal relationship) is undeniable. In this article, we first describe the principles and methods of exercising fundamental rights in contractual relations between individuals. These foundations are based on the theory of state action, fundamentalism, and public policy. We will then see how the social principle at the source of rights such as freedom of education, strike, access to information, freedom of employment and freedom of religion, which are necessary for social life in a democratic society, should not be violated in contract law. The main question is how social dignity as a principle is respected and respected in contract law. In case of violation of the principle, what effect does it have on the validity of the contract? This article answers this question with analytical and library methods and relying on the analysis of different opinions of the courts of some legal systems of European countries, it can be said, in Iranian law, the rights arising from the principle of the above are general civil rights that cannot be revoked by contract, even in part. Violation of these rights will invalidate all or part of the contract.

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