Volume 16, Issue 2 (2012)
CLR 2012, 16(2): 151-173 |
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Issaei Tafreshi1* M, Abdali2 M. The Approaches of the Protection of Contracts in the Economic Analysis of Law (A Comparative Study in Iranian and French Law). CLR 2012; 16 (2) :151-173
URL: http://clr.modares.ac.ir/article-20-8775-en.html
URL: http://clr.modares.ac.ir/article-20-8775-en.html
1- Mehrzad Abdali2
1. Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
2- 2. Assistant Professor, Imam Khomeini International University, Qazvin, Iran
2- 2. Assistant Professor, Imam Khomeini International University, Qazvin, Iran
Abstract: (6920 Views)
When studying the French and Iranian contract law, it is difficult to reconcile all of it with a single approach. The mainstream, neoclassical approach, based on the assumption that rules have to be chosen such that maximize social wealth (or, at other times, lead to a Pareto-efficient outcome), can help us to understand an important part of that body of law. But, as will be shown, certain French doctrines and Iranian Law of contract cannot be reconciled with neither a Paretian approach, nor a wealth maximizing approach.
In some instances, the law seems to be more concerned with the safety of expectations.
In the next two sections, we will examine the main doctrines and rules of the French and Iranian contract law, trying to identify those that are compatible with both principles and are compatible with only one.
*Corresponding Author`s E-mail: tafreshi@modares.ac.ir
*Corresponding Author`s E-mail: tafreshi@modares.ac.ir
Keywords: Paretian approaches, Safety of expectations approach, Law Economics of the Law of Contracts
Received: 2012/04/9 | Accepted: 2012/09/20 | Published: 2012/12/15
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