Akhlāq-i zīstī i.e., Bioethics Journal

Abstract

Background and Aim: In the light of the principle of free will, the parties to the contract generally enter into the contract freely and voluntarily, but since some of these contracts do not comply with ethical and legal teachings, the intervention of the legislature and the courts in contracts with unfair terms is justified and sounds right. The purpose of this article is to identify examples and effects of unfair terms in the contract with an emphasis on ethical teachings.

Materials and Methods: This article has been done by descriptive-analytical method and using documentary and note-taking method.

Ethical Considerations: In all stages of the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Findings: The findings show that if the balance between the value of exchanges is lost by entering unbalanced and unfair terms, the mentioned terms are unfair. This is while the contract was concluded with the intention and consent of the parties. Today, contracts such as construction, conditional lease, transportation contracts, insurance, loans, and contracts of adhesion have led to the abuse of power by those in power, thereby reducing the amount of their obligations and responsibilities and imposing unfair duties and responsibilities on the other party to the contract. Also, due to the contractual obligation, the right to make adjustments is revoked by the lost party contracts.  

Conclusion: Justice and the need to observing ethics in the provisions of agreement and non-unilateral conditions of contracts are the principles that occur in most legal systems. The results obtained from this article indicate that by relying on jurisprudential, legal and ethical principles, it can be understood that Islamic jurisprudence and law in the realm of exchange contracts believe in the principle of exchange justice. Ability to terminate or cancel a transaction that has a kind of imbalance in the exchanges (such as fraud, usury, distressed sale according to some views), in the shadow of the principle of exchange justice have the capacity to comply with legal principles and foundations; and without considering this principle in exchange contracts, The logical, religious and legal justification of these examples seems difficult. Adjustment of unjust terms is also valid in terms of Islamic principles and based on jurisprudential principles, adjustment of unfair contracts can be recognized in Iranian law and the ability to terminate or balance these types of contracts for the aggrieved party and the courts can be predicted.

Cite this article as: Nabizadeh Kebria GH. Legal Jurisprudential Study of Examples and Effects of Unfair Terms in the Contract with Emphasis on Ethical Teachings. Majale "Akhlāq-i zīstī" (i.e., Bioethics Journal). 2021; 11(36): e29.