نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشکده حقوق دانشگاه ادیان و مذاهب قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Contractual exploitation represents one of the most formidable challenges at the intersection of moral philosophy and private law; it describes a scenario where a contractual relationship, despite its voluntary nature, remains normatively problematic. Relying on the principle of freedom of contract and the decisive role of consent, contract law has traditionally deemed such relationships legitimate. However, theories and definitions within the realms of ethics and law suggest that formal consent alone cannot serve as a sufficient basis for the normative justification of contractual obligations, as consent is often shaped within a context of profound economic, informational, or situational inequalities. Employing an analytical-descriptive approach, this article seeks to deconstruct the concept of contractual exploitation and evaluate the capacity of private law to address it. It then demonstrates how exploitation poses a significant challenge to the traditional foundations of contract law, particularly the “will-based” theories of obligation. Furthermore, the internal mechanisms of private law for mitigating this phenomenon—including legal doctrines such as lesion (unconscionable loss), rules regarding duress and necessity, and regulations concerning unfair terms—are analyzed. Finally, the research argues that an effective encounter with exploitation requires the formulation of a normative framework in which contractual legitimacy is grounded not merely on formal consent, but on a synthesis of meaningful choice, normative symmetry between the parties, and mutual trust. Such a reconceptualization can lead to the development of a coherent theory of contractual justice within private law.
کلیدواژهها [English]
)