A reflection on the source of public policy in contract law of Iran with comparative survey in American, English and France legal systems

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Mirzanezhad Jouybary Akbar

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Title

A reflection on the source of public policy in contract law of Iran with comparative survey in American, English and France legal systems

Author(s)

Mirzanezhad Jouybary Akbar | Issue Writer Certificate

Keywords

sourceQ2

ethicsQ1

imperative actQ1

religious regulationsQ2

principle of contractual freedomQ1

Abstract

Private contracts are void if they contradict public order but where should the courts look for public order? should courts only cite public order when the order is arise from imperative acts or general legal principles? Or it can be derived from other sources like customs, social traditions, ethis and sharia too? This paper will consider this debate in Iranian civil law and jurisprudence and in a comparative study it also have look on other legal systems, namely American, British and French legal systems. This paper concludes that the imperative Laws in a general sense (spirit and concepts behind laws and legal general policies and principles) should be considered source of public order And a synthesis of imperative law and public order should be used instead of believing in independence of public order from imperative law. While ethics and sharia must be accepted as two independent controlling source for the principle of contractual freedom.

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APA: Copy

Mirzanezhad Jouybary, Akbar. (2018). A reflection on the source of public policy in contract law of Iran with comparative survey in American, English and France legal systems. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 22(1 (99) ), 155-183. SID. https://sid.ir/paper/395973/en

Vancouver: Copy

Mirzanezhad Jouybary Akbar. A reflection on the source of public policy in contract law of Iran with comparative survey in American, English and France legal systems. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2018;22(1 (99) ):155-183. Available from: https://sid.ir/paper/395973/en

IEEE: Copy

Akbar Mirzanezhad Jouybary, “A reflection on the source of public policy in contract law of Iran with comparative survey in American, English and France legal systems,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 22, no. 1 (99) , pp. 155–183, 2018, [Online]. Available: https://sid.ir/paper/395973/en

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