Public Order and Direction of Contracts

Subject Areas : Political and International Researches Quarterly

Received: 2016-12-05 Accepted : 2017-01-19 Published : 2018-02-20

Keywords: freedom, Public Policy, Cause of contract, Contracts law, Autonomy of will,

Abstract :

Abstract:                                              The contracts as the basis of private obligations, have the most important role in our society. The principals Autonomy of will and Freedom of contracts have some limitations.One of them is public policy. In according to Iran civil code , All of contracts that are not obey public policy , are null and the courts should not execute them!!But because of complicated and vague meaning of public policy the Iranian courts do not have any desire to apply it in their decisions.On the other hand there are great relationship between public policy and cause of contracts. In other words, the cause of contracts should confirm with public policy.                                Key words: Public policy, Contracts law, Autonomy of will , Freedom, Cause of contract