نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The principle of relativity of contract effects, as one of the traditional pillars of the law of obligations and a reflection of free will, limits the legal effect of agreements exclusively to the parties and exempts third parties from the rights and obligations arising from the contract. However, fundamental developments in contemporary commercial structures, supply chains, and the emergence of new exchange patterns have created phenomena known as “network contracts” and “chain contracts.” In these multilayered systems, close functional and economic links exist between various contracts, and the realization of the ultimate goal of the complex depends on the coordinated fulfillment of obligations in all circles. In this context, the rigid and traditional distinction between “contracting parties” and “third parties” has lost its effectiveness in the fair distribution of risk and compensation for losses; because the third party in the network is not a separate stranger but a related member of an interconnected economic whole. This research, using a descriptive-analytical method and a comparative approach, explains the necessity of redefining the scope of the principle of relativity based on the theory of "contractual group", "unity of economic cause" and "the ability to cite contracts". The findings indicate that in order to ensure contractual balance and transaction security, the related third party concept must be identified to enable direct liability claims and the extension of some conditions along the chain. The transition from an insular approach to modified relativity achieves the reflection of economic realities in the law of obligations without imposing unwanted obligations.
کلیدواژهها English