نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Contractual justice, as one of the fundamental concepts of private law, is closely linked to the principle of freedom of contract and the realization of fairness between parties. In Iranian law, Article 190 of the Civil Code, emphasizing the intention and consent of the parties, provides a legal basis for ensuring the validity and legitimacy of contracts. However, a purely legal analysis cannot encompass the ethical and social dimensions of contracts; therefore, attention to the teachings of Imam Khomeini (may God sanctify his soul) becomes particularly significant. Imam Khomeini, from a jurisprudential and legal perspective, emphasized that contracts should not only comply with formal rules but also be founded on justice, fairness, and respect for the rights of the parties, with the free and informed will of the parties safeguarded from any coercion, deception, or abuse. This view demonstrates that contractual justice is not merely the observance of laws and regulations, but also of intention, consent, and the actual conditions under which the contract is concluded, serving as essential criteria for its legitimacy. The present study, employing an analytical and comparative approach, seeks to elucidate the relationship between the genuine intention and consent of the parties and the realization of contractual justice through a reexamination of Article 190 of the Civil Code in light of Imam Khomeini’s thought. The findings indicate that adherence to contractual justice not only ensures the protection of parties’ rights and prevents their violation but also promotes contractual ethics, enhances social trust, and strengthens economic relations
کلیدواژهها English