HUMAN RIGHTS IN PRIVATE LAW

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SHAHBAZIAN HESHMATOLLAH; TAGHIZAADEH EBRAHIM; SHAHBAZINIA MORTEZA

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: PRIVATE LAW Year:2017 | Volume:5 | Issue:19 Page(s): 73-96

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Information Journal Paper

Title

HUMAN RIGHTS IN PRIVATE LAW

Author(s)

SHAHBAZIAN HESHMATOLLAH | TAGHIZAADEH EBRAHIM | SHAHBAZINIA MORTEZA | Issue Writer Certificate

Keywords

HUMAN RIGHTSQ2

PRIVATE LAWQ2

HUMAN DIGNITYQ2

FREEDOM OF WILLQ2

PUBLIC POLICYQ1

Abstract

The influence of HUMAN RIGHTS in PRIVATE LAW or in other word constitutionalization of PRIVATE LAW is relatively a new debate in legal reasoning that constitute the subject of this research. Applying HUMAN RIGHTS in PRIVATE LAW depends on context, legislator and judge, and reasoning method.The reaction of different legal systems in this matter is not the same. Direct application, indirect application, judicial application, and non-application is brief of these reactions. Legal system of Iran is capable for direct application of HUMAN RIGHTS in PRIVATE LAW. Although the courts do not use this capacity. Due to distributive justice and for modification of freedom of contract principle, we can apply the HUMAN RIGHTS and fundamental rights capacity. The HUMAN DIGNITY is the concept that enforceable in evaluation of contractual terms and unwaivable [S1] rights so that infringe of human right can be regarded as opposite of PUBLIC POLICY. In this research the methods and contexts of constitutionalization of PRIVATE LAW has been examined.

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APA: Copy

SHAHBAZIAN, HESHMATOLLAH, TAGHIZAADEH, EBRAHIM, & SHAHBAZINIA, MORTEZA. (2017). HUMAN RIGHTS IN PRIVATE LAW. PRIVATE LAW, 5(19 ), 73-96. SID. https://sid.ir/paper/252736/en

Vancouver: Copy

SHAHBAZIAN HESHMATOLLAH, TAGHIZAADEH EBRAHIM, SHAHBAZINIA MORTEZA. HUMAN RIGHTS IN PRIVATE LAW. PRIVATE LAW[Internet]. 2017;5(19 ):73-96. Available from: https://sid.ir/paper/252736/en

IEEE: Copy

HESHMATOLLAH SHAHBAZIAN, EBRAHIM TAGHIZAADEH, and MORTEZA SHAHBAZINIA, “HUMAN RIGHTS IN PRIVATE LAW,” PRIVATE LAW, vol. 5, no. 19 , pp. 73–96, 2017, [Online]. Available: https://sid.ir/paper/252736/en

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