Volume 27, Issue 99 (fall 2022)                   __Judicial Law Views __2012__, 27(__59__): __22424 | Back to browse issues page

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nazari V, qasemzade S M, karimi A. Obligation to provide information and contractual solidarity. دیدگاه‌های حقوقی 2022; 27 (99) :1-24
URL: http://jlviews.ujsas.ac.ir/article-1-2121-en.html
1- University of Judicial Sciences and Administrative Services , Vahid.nazari1990@gmail.com
2- University of Judicial Sciences and Administrative Services
3- University of Tehran
Abstract:   (32 Views)
The contracting world is witnessing the strengthening of the contractual dimension and the ethics ofthe relationship in it every day. One of the consequences ofsuch attention is the design of new foundations in order to ensure maximum contractual justice, one ofthe most important of which is the solidarity-contractual basis. The basis is the obligation to pay attention to the interests of the contractors in the rights and obligations of the contract, and in particular in the obligation to provide information, which is justified in the Iranian legal system based on the introduction of the Constitution and its principles 2 and 3. Obligation to provide information on a new basis transcends the principles of satisfaction and good¬¬faith, which were limited to the pre-contractual obligation of information, and includes all stages ofthe contractlife. In addition tothe obligation to teach, It also includes the obligation to give notice and the obligation to advise. In the obligation to teach, obedience is provided by providing information in a crude form and a low degree of consideration is given to the interests of the contracting partner. But inthe obligation to give notice, emphasizing the negative aspects and risks of legal action, and in the obligation to advise it goes beyond this and tries to direct the decision around the most appropriate action with the cooperation ofthe parties.
 
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Type of Study: Applicable Research | Subject: Pivate Law
Received: 2021/11/24 | Revised: 2023/01/25 | Accepted: 2022/10/29 | Published: 2023/01/25 | ePublished: 2023/01/25

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