نوع مقاله : مقاله علمی- پژوهشی مستقل
نویسنده
عضو هیات علمی دانشگاه آزاد اسلامی واحد ساری
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Extension of social life, advancements in technology, specialization of jobs, and personalizing of economics activities are the main causes of social gaps. Inequality in position, cusses the contracts with excessive obligations and disproportionate assignment than the parties’ rights. Extension of this agreements forced some of world legal systems against such matters. Contrary to what happened in the UK, the position of Iranian legislators in dealing with this type of obligations is named "Injustice", "Unfair", or "Imposed Clauses". One way for the prevention and control of this kind of clauses is called substantive control. Straight scouting of the content of contractual terms by legislation (legal control) or submitting valuation of unfair terms to the court (judicial control) are two supervisory methods in UK. Now the main question is that can Iran use the substantive controls methods for control of unfair contractual obligations similar to the UK? This paper will analyze the basis of substantive control of unfair terms in UK, and the necessity and possibility of exploitation of this rule in Iran's legal system
کلیدواژهها [English]