Volume 15, Issue 1 (2011)                   CLR 2011, 15(1): 83-105 | Back to browse issues page

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Abdipour1 E, Ghasemzadeh2 S R. The Theoretical Bases of Proponents and Opponents of Imposing General Duty to Inform in Contracts. CLR 2011; 15 (1) :83-105
URL: http://clr.modares.ac.ir/article-20-5448-en.html
The Theoretical Bases of Proponents and Opponents of Imposing General Duty to Inform in Contracts
Ebrahim Abdipour1 1, Seyyed Rohollah Ghasemzadeh22
1-  1- Assistant Professor, Faculty of Law Qom University, Qom, Iran
2- 2- Ph.D. Student, Faculty of Law Qom University, Qom, Iran
Abstract:   (5726 Views)
Nowadays, the fundamental role of information in contracting process, particularly in consumer contracts, is persuaded the national legislators to protect the less informed contracting party. However, there are some controversial doctrinal views including positive, negative and neutral view, about imposing general duty to inform. England’s common law does not recognize any general duty to disclose material facts. However, dominant judicial doctrine of European countries imposes general duty to inform. This paper is trying to study and analyze the mainsprings of these controversial views. Our supposition here would be that positive view has more reasonable mainsprings comparison whit the negative and neutral view.
Keywords: Information, Consumer, Freedom of contract, General duty to inform
     

Received: 2010/02/8 | Accepted: 2011/05/2 | Published: 2011/06/21
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