The Role of Fundamental Principles of Consumer Law on Contract Law
Keywords:
Consumer Law, Legal Principles, Fundamental Principles of Consumer Law, Contract LawAbstract
One of the consequences of the dynamism of law is that, over time, new legal rules and regimes emerge. These new institutions leave various impacts on different parts of the existing legal system. Consumer law, as one of the influential legal regimes aimed at protecting consumers' rights against suppliers, has introduced extensive principles and rules across diverse topics and dimensions. Consequently, it has had significant effects on the existing legal system in related areas. Given that a substantial portion of social relations is conducted through contracts, one of the most affected fields by consumer law is contract law. This study, using a descriptive-analytical method, examines the impacts that the fundamental principles of consumer law can have on the contract law system. The present research distinguishes between principles and rules, clarifies the functions of principles in the mechanism of influence, and identifies the instances of these rights, analyzing the ways in which these principles affect the contract law system. The study concludes that the fundamental principles of consumer law can play roles—at varying degrees—in all four modes of influence: adjustment and transformation of contract law, allocation of contract law, supplementation, and interpretation of contract law.
References
socialization of contract law. Private Law Research, 7(27), 3-35.
Ali Nejad, F. (2021). The role of custom in contract interpretation. International Conference on Jurisprudence, Law, and Islamic Research.
Alishahi Ghal’eh Joughi, A., & Haghani Khah, H. (2020). Examination of the consumptive nature of option in defect option. Foundations of Islamic Law and Jurisprudence, 13(25), 2-28.
Aloumi Yazdi, H. R., & Babazadeh, B. (2010). Methods of contract interpretation in Iranian and English legal systems. Private Law Research, 12(29), 225-270.
Avila, U. (2018). Theory of legal principles. Samt.
Badini, H., & Mehrdad, M. (2019). Economic efficiency in private law: Theory and examples. Private Law Studies, 47(1), 19-35.
Bariklu, A. (2023). Production law. Mizan.
Bigdeli, A. (2010). Waiver of options in Iranian law and Imami jurisprudence. Journal of Islamic Law Research, 11(1), 191-243.
Dowrkin, R. (1977). The Model of Rules. In Taking Rights Seriously (pp. 14-45). Duckworth. https://doi.org/https://doi.org/10.4324/9781315236353-5
Hayati, A. A. (2018). Concept of legal principles and comparison with legal rules (comparative study in Iranian and French law). Civil Law Knowledge, 7(2), 31.
Katouzian, N. (2005). Contract interpretation. Private Law Studies, 70, 277-301.
Katouzian, N. (2008). General rules of contracts. Company of Publication.
Safari, S. H. (2021). General rules of contracts. Mizan.
