نوع مقاله : مقاله ترویجی
موضوعات
عنوان مقاله English
نویسندگان English
Abstract: one of the most important aspects of the law of contract law is the subject of Exclusion or exemption clause. regarding the nature of the clause exemption in England law, two or more defensive or descriptive perspectives have been proposed. regarding the philosophical and interpretation of these conditions, it is necessary to observe, first, the exceptions of the principle of freedom of will in England law on the basis of supporting the weaker side of the contract, and secondly, what schools and approaches are the way to interpret the exemption clause. most of the schools of this field have the approach of protecting consumer rights and are the schools of formalism, realism, free market and the Consumer right. furthermore, the interpretation rules are the rule of the original intent and Contra Proferntem and the main function of these conditions is the allocation of contract risk and the liability distribution on the other hand, there are several controlling tools on the exemptions clause that limit the scope, scope and effect of these conditions. in fact, it is necessary to observe the mechanisms and works of the England law to supervise the clauses that in this regard, the beliefs of doctrine thinkers and laws are studied. the doctrine of fundamental breach and the misrepresentation of the most important theoretical control instruments, as well as the act of unfair contract terms, are legal instruments in order to control these conditions.
کلیدواژهها English