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مهدی کریمیان راوندی Karimianravandi; Ghasem Mohammadi
Abstract
The fact that, nowadays, private law evolutions have contributed to reciprocal impact of contracts is a inevitable issue and even in law- based terms, it pinpoints the question of why and how such an interaction? which is in conflict with law-based principles should be ever mentioned? In this regard, ...
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The fact that, nowadays, private law evolutions have contributed to reciprocal impact of contracts is a inevitable issue and even in law- based terms, it pinpoints the question of why and how such an interaction? which is in conflict with law-based principles should be ever mentioned? In this regard, in local law the key challenge is that, in some cases, the formation and co-existence of contracts have created the development of the compound of same-weight contracts phenomenon of a contract regardless of private law, and this has led to the ignorance of common rules. However, this condition is unavoidable in several contracts in the fields of foreign transaction Oil and petroleum contractors, competition and international refereeing. On this account, the main obsession of this article is to prove the difficulty of accepting contractual groups in Iran, s law due to conceptual ambiguity, its contradiction with defined contracts organization, disability in the application of law principles and the inefficiency of legal justifications. The results of this text are related to the necessity of vivid differentiation between application of contractual group in local law and the international one.
Mehdi Karimianravandi; Qasem Mohamadi
Abstract
The conflict of public and private interests and the need to protect individuals against the economically powerful side, it has caused governments to prohibit certain actions in the contract through law s and the use of negative and positive tools and force some to argue that this is one of the most ...
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The conflict of public and private interests and the need to protect individuals against the economically powerful side, it has caused governments to prohibit certain actions in the contract through law s and the use of negative and positive tools and force some to argue that this is one of the most contentious issues in contract law. Standard and compulsory contracts are tools for achieving economic justice and denying domination. Which aims to negate domination and improve efficiency and its desirability depends on custom. The main question is whether in this way the domination of the superior economic person over the weak side of the contract can be prevented? Is restricting property domination, restricting contractual freedom. Prohibiting monopolies, pursuing goals justice? This descriptive – analytical article shows the implementation of legal instruments is more important than the implementation itself. This article aims to prove the uselessness of legal measures in case of adopting incorrect methods of implementation. Therefore, anticipating regulatory mechanisms and filling legal gaps to implementation will help achieve economic justice.
