Reorganizing the Theory of Contractual Justice in French Law, Common Law and Iranian Jurisprudence

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Rahpeyk Siyamak; Sahraei Nader

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Paper Information

Journal: Journal of Comparative Law Year:2020 | Volume:15 | Issue:2 (112) Page(s): 219-244

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Information Journal Paper

Title

Reorganizing the Theory of Contractual Justice in French Law, Common Law and Iranian Jurisprudence

Author(s)

Rahpeyk Siyamak | Sahraei Nader | Issue Writer Certificate

Keywords

Distibutive JusticeQ2

Commutative JusticeQ1

TaghlibQ1

LazararQ1

Public IntrestsQ1

Contractual modificationQ1

Contractual securityQ1

Abstract

Justice generally means to put everything in his suitable place for giving everybody his right. This definition is the junction point of all difinitions in all sciences and compliance with distributive justice and Commutative Justice and shows the legislator’ s attitude in putting every things in his right place (in the domain of legislation), also shows law and judicial approach for giving every bodies right (In the realm of execution). In this sense contractual justice means combination of this two kind of justice and lead to the mixture of Public Intrests and individual intrests and provids backgrounds to order and contractual. In french law, combination of justice and security is via prohibition of abuse if right and lead to contractual justice, in common law obligation to observe good faith and not disclosing information and observe the rule of fairness and prohibition of omposed condition lead to contractual justice. Iranian law existence of the rule of La zarar and excellence of it to domination rule and also Taghlib which means that public interests are more important than individual interests implemented as distributive justice and is enough for supervision of government. If the parties agreement breach this regulations, about the Public Intrests the La zarar and Taghlib will govern the contract and if the agreement breachs the individual intrests wich is because of power of one party, La zarar rule avoid losses and organizing contractual justice.

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APA: Copy

Rahpeyk, Siyamak, & Sahraei, Nader. (2020). Reorganizing the Theory of Contractual Justice in French Law, Common Law and Iranian Jurisprudence. COMPARATIVE LAW (NAMEH-YE MOFID), 15(2 (112) ), 219-244. SID. https://sid.ir/paper/363440/en

Vancouver: Copy

Rahpeyk Siyamak, Sahraei Nader. Reorganizing the Theory of Contractual Justice in French Law, Common Law and Iranian Jurisprudence. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2020;15(2 (112) ):219-244. Available from: https://sid.ir/paper/363440/en

IEEE: Copy

Siyamak Rahpeyk, and Nader Sahraei, “Reorganizing the Theory of Contractual Justice in French Law, Common Law and Iranian Jurisprudence,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 15, no. 2 (112) , pp. 219–244, 2020, [Online]. Available: https://sid.ir/paper/363440/en

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