A Comparative Study of Dealing with Unfair (Contract) Terms in the Iranian & Iraqi Laws

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Azeez Kareem Jawad Hawraa; QABULI DORAFSHAN SAYYED MOHAMMAD MAHDI

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

Journal Paper

Paper Information

Journal: MAJLIS & RAHBORD Year:2020 | Volume:27 | Issue:103 Page(s): 219-246

Download Full-Text

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

Persian Verion

View:

759

Download:

Cites:

Information Journal Paper

Title

A Comparative Study of Dealing with Unfair (Contract) Terms in the Iranian & Iraqi Laws

Author(s)

Azeez Kareem Jawad Hawraa | QABULI DORAFSHAN SAYYED MOHAMMAD MAHDI | Issue Writer Certificate

Keywords

Contractual TermsQ1

Unfair TermsQ1

Balancing of ContractQ1

Iraqi LawQ1

Iranian LawQ2

Abstract

The unfair term as a disturbing factor of contractual balance is one of the most controversial issues on contract laws or Contractual Terms. A party somehow abuses a superior economic relying on these terms. On this situation, one question is raised: Is there any solution to deal with these terms considering the principle of freedom of contract in contract law? Results of this study which has been performed based on the descriptive and analytical research method shows that in both (Iranian and Iraqi) legal systems, there is no general rule which can provide full support clearly to the weak side although using general rules such as (the theory of) defects of will and etc. as well as judges' use of interpretative rules of contracts also some rules such as public order may give a few support for only some cases. So legislative interference in offering an appropriate solution is inevitably necessary. In order to develop the appropriate strategy, the legislator should consider the following points: Generality of laws which should cover all related cases to unfair contract terms. Since all aspects of contracts and terms should be measured in order to recognize their unfairness, the judge's role and authority should be emphasized by the proposed rules. Furthermore, a proper solution should be offered to support the weak side to preserve the contract as much as possible also, it can lead to the cancellation or modification of unfair (contract) terms.

Cites

No record.

References

No record.

Cite

APA: Copy

Azeez Kareem Jawad, Hawraa, & QABULI DORAFSHAN, SAYYED MOHAMMAD MAHDI. (2020). A Comparative Study of Dealing with Unfair (Contract) Terms in the Iranian & Iraqi Laws. MAJLIS & RAHBORD, 27(103 ), 219-246. SID. https://sid.ir/paper/402245/en

Vancouver: Copy

Azeez Kareem Jawad Hawraa, QABULI DORAFSHAN SAYYED MOHAMMAD MAHDI. A Comparative Study of Dealing with Unfair (Contract) Terms in the Iranian & Iraqi Laws. MAJLIS & RAHBORD[Internet]. 2020;27(103 ):219-246. Available from: https://sid.ir/paper/402245/en

IEEE: Copy

Hawraa Azeez Kareem Jawad, and SAYYED MOHAMMAD MAHDI QABULI DORAFSHAN, “A Comparative Study of Dealing with Unfair (Contract) Terms in the Iranian & Iraqi Laws,” MAJLIS & RAHBORD, vol. 27, no. 103 , pp. 219–246, 2020, [Online]. Available: https://sid.ir/paper/402245/en

Related Journal Papers