renvoi and freedom of contract

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...

Undermining Justice: The Two Rises of Freedom of Contract and the Fall of Equity*

This article explores a crucial moment in American legal history, known as the Lochner era, in which the rise of freedom of contract was sharp enough to defeat equity concerns, and then argues that a second rise of the freedom of contract has recently been developed by the Supreme Court in the domain of arbitration agreements. It contends that this second rise is not only a revival of Lochneris...

Freedom and Human Dignity

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