Guarantees of Unfair Conditions in Additional Contracts; Studying the Legal System of England and Iran
Subject Areas :
ali akbar garosi
1
(Student of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.)
Mohammad Reza pirhadi
2
(Assistant Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.)
Keywords: Iranian Law, Additional Contracts, Unfair Conditions, British Law, Performance Guarantee,
Abstract :
The Supplementary Contract is a printed and proprietary contract necessary for either party to rely on the sole authority deriving from the law or due to its bargaining power, with the aim of generating more rights and privileges and disclaiming it. And the other party is forced to accept this predetermined order without the right to change or modify its provisions. Unfair contract is a situation where the strong side of the contract misuses its position and imposes one-sided and unbalanced conditions on the other. Although in principle the conclusion of an extension contract is based on the principle of sovereign will and indisputable approach, namely "contractual freedom", but today in the legal system of Iran and the United Kingdom, like most legal systems in the world, it has lost its former footholds. The provision and the imposition of unfair terms on
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