Document Type : Scientific Research
Authors
1 Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Islamic Azad University, Birjand Branch
2 payame noor
3 Islamic Azad University, Birjand branch
Abstract
This article examines a special form of contract in which one party has a superior or exclusive power that prepares and imposes the terms and conditions of the contract on the other party. Without having the right to negotiate and discuss, he is forced to accept and It is annexed to it. The present study investigates the protection of the weak party in the imposed contracts in the laws of Iran and Egypt using a comparative analytical method. The findings show that the Egyptian legislature has intervened in the imposed contracts that are described as unfair and unjust, in order to protect the weaker party of the contract. Modification of the contract, removal of unfair terms, and interpretation of the contract in favor of the injured party are foreseen in Egyptian law. In Iranian law, this issue has not been explicitly addressed despite the existence of jurisprudential and legal capacities. Despite this, in approving new laws, the legislator has shown his desire to protect the weaker party, which is mainly the consumption of certain goods and services. Also, it is possible to modify the contract according to the jurisprudential rules of harmlessness and negation of harm, although the judicial procedure tends more towards the stabilization of the contract, according to the principle of the sovereignty of contracts, and finally it tends to terminate the contract.
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