نوع مقاله : مقاله پژوهشی
واحد تهران مرکزی، دانشگاه آزاد اسلامی، تهران، ایران.
عنوان مقاله [English]
In private contracts, the parties are required to comply with the imperative rules and the obligations arising from it; provided, of course, that it is not contrary to public order or good morals. In the event of a dispute, this legitimate freedom of the parties to conclude and execute the contract may be restricted by a court in favor of the other party to the contract. Also, according to the theory of reciprocal justice, which in the French law of obligations provides the necessary protection in cases of weak side of the contract, its traces can be traced in Iranian law, especially in the law of electronic commerce in weak side protection of the contract. In the face of the professional side of the contract observed. What inspires this research is the amendment of the French law of obligations, especially in explaining the rules of modification and interpretation of private contracts, which is a source for how to modify and interpret private contracts in the economic crisis caused by the outbreak of the Corona virus. By examining the statutory laws, especially the Iranian civil law, it can be pointed out that by using the internal legal tools; one can modify or interpret private contracts, in which justice or fairness to one party to the contract Disregarded. Sometimes Modification in a private contract, which is faced with difficulties or difficulties in fulfilling the obligation, tries to execute it with the created conditions.