Imposed Stipulations in the Contracts of Car Industry

Subject Areas : All jurisprudential issues

Mohamad Mostafa Doagooee ¹ (دانش آموخته دکتری دانشگاه مفید، رشته‌‌ی حقوق خصوصی، قم، ایران)
Zeynab Mohamadi ² (دانش آموخته دکتری دانشگاه مفید، رشته‌‌ی حقوق خصوصی، قم، ایران)

Received: 2014-07-04 Accepted : 2014-10-26 Published : 2015-01-21

Keywords: Imposed Stipulations, Mutual Consent, Public Order, Preventing of Abusing the righ, Contracts of Car Industries, the rights of Customers,

Abstract :

Composing the favorite legal contracts in particular conditions, some companies are trying to misuse from the economic needs as well as from the non-expertise of their customers. As a matter of fact those companies impose their stipulations which cover only their benefits on the customers. A field in which one can see such contracts is in Iranian car industries. Some states and international organizations by enacting rulings and provisions came to support the customers in order to eliminate "significant disparities" come from those imposed stipulations. Furthermore, the support for the weaker side in those contracts may bring about more justice into contract. Taking some jurisprudential origins for such rulings into consideration including mutual consent, public order, and theory of preventing abuse of their own rights, this article tries to analyze those rulings and provisions to see in which condition it would be possible to cancel the contract.