NOWADAYS IMPOSING UNFAIR TERMS ON WEAK

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KARAMI SAKINEH

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Journal: THE JUDICIARY’S LAW JOURNAL Year:2015 | Volume:79 | Issue:91 Page(s): 105-132

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Information Journal Paper

Title

NOWADAYS IMPOSING UNFAIR TERMS ON WEAK

Author(s)

KARAMI SAKINEH | Issue Writer Certificate

Keywords

UNFAIR TERMSQ2

JUDICIAL CONTROLQ2

PUBLIC POLICYQ1

PROTECTION OF WEAK PARTYQ2

Abstract

Nowadays imposing UNFAIR TERMS on weak contracting party by strong party especially in consumer contracts is an undeniable fact. In foreign law primarily courts interfered in benefit of the weak party and by assistance of interpretative techniques used the capacity of general prenciples of contracts to confront those terms and in the next step the approach of protecting consumer against UNFAIR TERMS was followed by legislators. Now consumer code of most countries has a part for control of UNFAIR TERMS that defines some contract terms as unfair and declare them invalid. But unforchonatly in iran the consumer protection code has not such regulations.so in this circumstances of legislative vacumm and considering the necessity of intervention, the only solution is JUDICIAL CONTROL. The study of techniques that courts have utilized to confronting these terms in the other countries shows that minimal tools which is necessary for this control is also available in the iran law. the most important legal tool that seems iranian courts can use for confronting UNFAIR TERMS is the concept of PUBLIC POLICY(article 975 of Civil Code).

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APA: Copy

KARAMI, SAKINEH. (2015). NOWADAYS IMPOSING UNFAIR TERMS ON WEAK. THE JUDICIARY’S LAW JOURNAL, 79(91), 105-132. SID. https://sid.ir/paper/137990/en

Vancouver: Copy

KARAMI SAKINEH. NOWADAYS IMPOSING UNFAIR TERMS ON WEAK. THE JUDICIARY’S LAW JOURNAL[Internet]. 2015;79(91):105-132. Available from: https://sid.ir/paper/137990/en

IEEE: Copy

SAKINEH KARAMI, “NOWADAYS IMPOSING UNFAIR TERMS ON WEAK,” THE JUDICIARY’S LAW JOURNAL, vol. 79, no. 91, pp. 105–132, 2015, [Online]. Available: https://sid.ir/paper/137990/en

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