Practitioners of human rights based on the constitution in private law

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Mohammad Shamei ¹ , Neda Mojahed ²

1 - Visiting lecturer at Islamic Azad University, Najaf Abad branch and PhD student in public law
2 - Master of Family Law

Received: 2022-10-27 Accepted : 2022-12-26 Published : 2022-12-22

Keywords: Private contracts, Human fundamental rights, direct effect, indirect effect,

Abstract :

In today's world, fundamental human rights play a vital role in the field of contract law, so that the content of contracts must be consistent with these rights. The influence of fundamental human rights on the category of private contracts takes place in various direct and indirect ways. In the direct effect of fundamental human rights, it is directly effective in contractual relations. The problem with this method is that it violates the independence of private rights. The influence of fundamental human rights is shown indirectly through the interpretation of the rules of contract law; One of the advantages of this method is maintaining the independence of private law as a pure knowledge, which has been the focus of positivists or positivists. In this article, after explaining the concepts of human rights and fundamental human rights, the authors have pointed out the relationship between fundamental human rights and private rights, and finally, they have discussed the way of applying the rules of fundamental human rights to private contracts. The research method is descriptive and analytical.