نوع مقاله : مقاله علمی پژوهشی
نویسنده
دانشجوی دکترای حقوق خصوصی دانشگاه اصفهان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The judicial review of inappropriate damage clause as a one of challenged and compressive topic in the social and economic relations has confronted to many obstacles and notable effects in the many legal systems. Conflict of the old legal principles specially the contractual freedom principle with new human societies have resulted from new and complex social and economic relationships, has made the answering of mentioned problems more difficult. In this article we should answer to this question by content base approach, that can we use the experience of England law about the judicial review in inappropriate agreed damage clause in Iranian law? We think that: Yes. The contrast between old doctrine that forbid the intervention private contracts and new doctrines with regard to existing realities has permit to inter to personal contracts, ultimately was ended to pro of new doctrine in many legal systems such as England.In some other legal systems such as Iranian law that has retarded the new development, the problem about this topic is remained. Because of this, the answer to this question about amending of law and choosing the "Public Policy 'theory is very indispensable.
کلیدواژهها [English]