INEQUALITY OF BARGAINING POWER AS A BASIS FOR CONTROL OF CONTRACT

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KARAMI SAKINEH

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Journal: COMPARATIVE LAW REVIEW Year:2017 | Volume:7 | Issue:2 Page(s): 693-723

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Information Journal Paper

Title

INEQUALITY OF BARGAINING POWER AS A BASIS FOR CONTROL OF CONTRACT

Author(s)

KARAMI SAKINEH | Issue Writer Certificate

Keywords

CONTRACTUAL JUSTICEQ2

FREEDOM OF CONTRACTQ1

INEQUALITY OF BARGAINING POWERQ1

JUDICIAL CONTROLQ2

LEGISLATIVE CONTROLQ1

Abstract

Deep economic and social developments in two recent centuries created important changes in contracting aria among them placing weak and strong parties against each other in contracts. FREEDOM OF CONTRACT, could not provide CONTRACTUAL JUSTICE in this new conditions. Therefore adjustment of this tool in a manner that can serve to the justice felt necessary. In foreign law, primarily courts became pioneers in this way and used interpretation technics and general principles of contracts to protect the weak party. But overall legislative interventions felt necessary. Then legislators limited principle of FREEDOM OF CONTRACT in various areas in order to protect the weak party and for the benefit of CONTRACTUAL JUSTICE. LEGISLATIVE CONTROL, in recent 50 years, concentrated on the protection of consumers. In Iranian law, despite minimal tools being available, there is not any evidence of JUDICIAL CONTROL of unequal contracts. Although LEGISLATIVE CONTROL is done, inter alia in consumer contracts but its protection is incomplete because of not being sensitive about unfair terms.

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APA: Copy

KARAMI, SAKINEH. (2017). INEQUALITY OF BARGAINING POWER AS A BASIS FOR CONTROL OF CONTRACT. COMPARATIVE LAW REVIEW, 7(2 ), 693-723. SID. https://sid.ir/paper/246336/en

Vancouver: Copy

KARAMI SAKINEH. INEQUALITY OF BARGAINING POWER AS A BASIS FOR CONTROL OF CONTRACT. COMPARATIVE LAW REVIEW[Internet]. 2017;7(2 ):693-723. Available from: https://sid.ir/paper/246336/en

IEEE: Copy

SAKINEH KARAMI, “INEQUALITY OF BARGAINING POWER AS A BASIS FOR CONTROL OF CONTRACT,” COMPARATIVE LAW REVIEW, vol. 7, no. 2 , pp. 693–723, 2017, [Online]. Available: https://sid.ir/paper/246336/en

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