The need for balance of the exchanged things in the Iranian legal system and Kamen

Mehrnoush Ghanbarpoor Hooshangi

Abstract


 

In commutative contracts where there is a sort of common equilibrium between the exchanged things, failure to do or inability to fulfill the obligation by one party for the other party creates rights. Commutative justice or the same balance of in contracts means the rule of will; prohibit government intervention in private contracts and fairness of the terms of any agreement. The base of stability and necessity of contracts demands that bilateral harmony and balance rule be implemented with orthogonal, balance of the exchanged things is in fact one of the inevitable results of base of freedom of contracts. Contracting parties are the best judge of their own interests and their decisions are applicable and lawful because on the one hand, the parties are free to choose the terms and conditions of the contract and , on the other hand this principle has been tried with threaten to prevent irregular and unbalanced consequences of contracts. With this explanation we can say that acceptance of the principle of freedom of contract involve a commitment to the rule of the commutative justice.


Keywords


Autonomy, Balance in the bilateral, Contract law, Commutative justice, option of fraud.

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