Benchmarking the unfairness of contract terms

Document Type : Original Article

Authors

1 Professor of Law, Universsity of Gulian

2 (Master of Law, Universsity of Gulian)

10.52547/jlr.2023.227851.2249

Abstract

Given the legal vacuum in domestic law and the legislator's silence in explaining the legal aspects of unfair terms and the criteria for their recognition, this study examines the criteria for determining the unfairness of contract terms. . Criterion for Determining Unfair Contract Conditions Roots in Unfair Contract Conditions Characteristics, including Works, Performance Guarantees, Impact of Unfair Contract Conditions and also on the Basis of Unfair Conditions, such as Fairness and Fairness and Goodwill and Their Role in the Contract Contractual freedom and the conflict of principle have to do with unfair theory and implicit condition theories, contrary to good faith, fundamental breach, harmful rule, gross negligence, and so on. To assess whether or not the terms are unfair, other components such as non-negotiation of terms, unequal bargaining power, imbalance in the rights and obligations of the contracting parties to the detriment of the weaker party, the degree of conditional release in accepting and rejecting the terms and not being transparent. One of the criteria for identifying unfair terms is. According to the International Commercial Arbitration Act, Article 456 of the Code of Civil and Revolutionary Courts of Civil Procedure adopted in 2000, the Iranian Maritime Law (in Article 179), the E-Commerce Act of 2003, all unfair terms which prejudice the rights of the other party. , Has no legal effect. Finally, despite the richness of the jurisprudence in this area, the existing rules on the "unfair condition and criteria for its detection" are ineffective.

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History

  • Receive Date: 15 August 2022
  • Revise Date: 06 January 2023
  • Accept Date: 08 January 2023

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