نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق، دانشگاه ادیان و مذاهب، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Contractual exploitation is one of the most challenging issues at the intersection of the philosophy of law, ethics, and private law. It describes a situation in which, despite voluntary consent within a contractual relationship, the contract is normatively regarded as unjust. Contract law, with its emphasis on the principle of contractual freedom and the role of the parties’ consent, has generally recognized such relationships as legitimate. However, contemporary theories and definitions in the field of ethics and law demonstrate that formal consent alone cannot provide a sufficient basis for justifying contractual obligations, because in many cases, justice is shaped in the context of severe economic inequalities, informational asymmetries, or unequal bargaining positions. The present article analytically examines the concept of contractual exploitation and the capacity of private law to address it. First, the concept of exploitation in moral philosophy and its distinction from concepts such as coercion, distributive injustice, and contractual invalidity are examined. It is then demonstrated that exploitation challenges the foundations of contract law, particularly theories centered on the legitimacy of obligations. Subsequently, the internal capacities of private law to address this phenomenon, including rules concerning duress and coercion, and provisions relating to unfair terms, are analyzed. Finally, the present study argues that effectively addressing exploitation requires a normative framework in which the legitimacy of a contract is assessed not merely on the basis of formal consent, but through a combination of substantive choice, fair balance between the parties, and mutual reliance. Such an approach can contribute to the development of a theory of contractual justice in private law.
کلیدواژهها [English]
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