Evaluating the Autonomy of the Freedom of Contract

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Neam m.

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Journal Paper

Paper Information

Journal: JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW Year:2019 | Volume:9 | Issue:17 Page(s): 123-156

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Information Journal Paper

Title

Evaluating the Autonomy of the Freedom of Contract

Author(s)

Neam m. | Issue Writer Certificate

Keywords

Freedom of ContractQ2

Autonomy of WillQ1

Principles of JusticeQ1

Absolute GoodQ1

Pareto EfficiencyQ1

Abstract

It has got the common belief of western lawyers that the principle of the Freedom of Contract is the very realization of fundamental and philosophical principle: "Autonomy of Will" in legal world. This famous belief has however posed itself on considerable critics, some of which has denied the derivation of the Freedom of Contract from the principle: "Autonomy of Will". Some others doubted the importance of the Freedom of Contract for the Principles of Justice. Some others have notwithstanding admitting the very necessity of the Freedom of Contract, hesitated its inside for not being utile and must inevitably inject a suitable content for it in order to serve as a good, welfare and social justice. This article is to review these critics whose taking seriously, will lead us not necessarily to construe law's policy-based intervention in the Freedom of Contract as the denial of natural and constitutional principle: "Autonomy of Will".

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APA: Copy

Neam, m.. (2019). Evaluating the Autonomy of the Freedom of Contract. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, 9(17 ), 123-156. SID. https://sid.ir/paper/207117/en

Vancouver: Copy

Neam m.. Evaluating the Autonomy of the Freedom of Contract. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW[Internet]. 2019;9(17 ):123-156. Available from: https://sid.ir/paper/207117/en

IEEE: Copy

m. Neam, “Evaluating the Autonomy of the Freedom of Contract,” JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, vol. 9, no. 17 , pp. 123–156, 2019, [Online]. Available: https://sid.ir/paper/207117/en

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