Comparative Study of Application of Fundamental Human Rights in Private Law

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HAJIPOUR MORTAZA

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Journal: COMPARATIVE LAW REVIEW Year:2019 | Volume:9 | Issue:2 Page(s): 571-594

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Title

Comparative Study of Application of Fundamental Human Rights in Private Law

Author(s)

HAJIPOUR MORTAZA | Issue Writer Certificate

Keywords

Fundamental RightsQ2

PrivateQ1

PublicQ2

Indirect TheoryQ1

ComparativeQ1

Abstract

The debate over the fundamental human rights has now been challenged the classic separation of Public and Private law. Although most countries have rejected this separation, there is no consensus about the way and the model of the application of fundamental human rights on Private law. It means that every legal system depending on its special structure, has a different view about the effect of fundamental human rights on Private law. By implementing a descriptive-analyzing method of research, this study aims to analyze the basis and the goals of resorting fundamental right in Private law and shows the impact of this kind of law in the contract, tort and property law. Subsequently, the status of the subject in the Iranian legal system could be represented. It could be mentioned that in the legal systems of the world, especially in Europe, the effects of fundamental human rights on Private law has been definitively accepted and a little remaining disagreement is only about the manner of such an effect. However, in Iranian legal system, because of the lack of constitutional court and reluctance of conventional courts in referencing to these kind of rights to interpret Private relations, have caused an ambiguity in the qualification and scope of fundamental human rights. However, in spite of this fact, it seems that the structure of the Iranian legal system has the required capacity to accept the theory of indirect impact of fundamental human rights on Private law.

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APA: Copy

HAJIPOUR, MORTAZA. (2019). Comparative Study of Application of Fundamental Human Rights in Private Law. COMPARATIVE LAW REVIEW, 9(2 ), 571-594. SID. https://sid.ir/paper/246388/en

Vancouver: Copy

HAJIPOUR MORTAZA. Comparative Study of Application of Fundamental Human Rights in Private Law. COMPARATIVE LAW REVIEW[Internet]. 2019;9(2 ):571-594. Available from: https://sid.ir/paper/246388/en

IEEE: Copy

MORTAZA HAJIPOUR, “Comparative Study of Application of Fundamental Human Rights in Private Law,” COMPARATIVE LAW REVIEW, vol. 9, no. 2 , pp. 571–594, 2019, [Online]. Available: https://sid.ir/paper/246388/en

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