چکیده:
Whereas contracts are the legal tools for the substantiation of economic transactions, in order to respond to the needs of economic actors in accordance with the evolution of economic approaches, they have changed. Developments in economic schools can be classified in one sense in the form of classical, neoclassical and behavioral schools. The main purpose of the study is to examine the developments of contractual justice from the perspective of economic developments in the context of these schools. Recruiting a descriptive-analytical design, the study revealed that commutative and distributive justices are the foundations of contractual justice and complement each other. Commutative justice has always been the basic principle of contract law; however, its scope has expanded beyond the concept of fair pricing in the pre-classical era. Distributive justice, after the advent of neoclassical economics, became more prominent at the same time as the need for government intervention in the economy to address the side effects of a free economy. The school of behavioral economics, by questioning the hypothesis of rational choice and the neo-classical school of economics, raised the need to pay attention to the cognitive biases of individuals in decision-making, especially in the consumer market and in terms of standard terms. It has, despite the optimization of the concept of justice in contracts, at the same time, created fears of excessive government protectionist interventions in contracts. In general, commutative and distributive justice complement each other in establishing contractual justice.
خلاصه ماشینی:
/ 126 Comparative Research of Islamic and Western Law, Vol. 10, No. 1, Continuous Issue 35, 2023 Examining the Evolution of the Principle of Justice in Contract Law in Light of the Evolution of Economic Literature; 1 From the Classical School to the Behavioral School 2 Fatemeh Kharkesh 1, Jalil Ghanavaty 1 PhD student in Private Law, University of Tehran (Farabi Campus) fatemeh.
The behavioral economics school, by questioning the hypothesis of rational choice and the economic man of the neoclassical school, raised the necessity of paying attention to individuals' cognitive biases in decision-making, especially in the consumer market and regarding standard terms, which, despite optimizing the concept of justice in contracts, has simultaneously created the fear of excessive protective state interventions in contracts.
Examining the Evolution of the Principle of Justice in Contract Law in Light of the Evolution of Economic Literature; From the Classical School to the Behavioral School, Comparative Research of Islamic and Western Law, 10(1), 125-152.
behavioural law and economics 144 Comparative Research of Islamic and Western Law, Vol. 10, No. 1, Serial 35, 2023 Unlike theories based on rational choice, which assume that consumers have stable preferences regarding goods and services and attempt to maximize their utility with their limited budget (Sen, 2002: 26-33), behavioral economists believe that individuals' preferences are highly dependent on situational factors and are easily influenced by the manipulation of providers of goods and services.
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