Freedom of Contract. Inquiries and Speculations

renvoi and freedom of contract

it is a possibility that when the parties to a contract choose the law of a country as the applicable law, that law may reject such agreement and refer the contract to another law. it is generally accepted that in such a situation, the provisions of the law chosen, excluding rules relating to conflict of laws, should apply to the contract. however, some lawyers believe that the substantive prov...

Individual Rights and Contract: (Freedom and Reciprocity in Contract Law)

Contracts of Adhesion-Some Thoughts About Freedom of Contract

freedom of the subject-matter of the contract

one of the requirements mentioned in islamic jurisprudence for the subject-matter of the contract is its being free from other’s rights, and in view of this requirement, sale of such things as pledge and vaqf (property that is religious endowment) is forbidden. there is disagreement whether this requirement is an independent term or is deduced from preclusion of such sales. iranian civil code d...

the limits on freedom of contract based on consumer protection

the principle of freedom of contract is conceptually narrower than the will theory and as such it does not deny the state the right to put limits on contracts between individuals. on this ground some measures have been taking to strike a balance between the interests of the consumers and the producers. among these measures are the compulsory sales to consumers in the case law and on the basis o...