Varice of Constitutional Rights: Introduction to Constitutionalization of Private Law

The subjective right has various meanings، including constitutional right، which individuals have just for being human. In traditional legal texts، it is considered that these rights are applicable in state-itizen relation، and it is believed that in the unequal relations between the state and citizens، “constitutional rights” is a device to protect individuals against strong party and limit the state’s power so that people’s rights would not be violated. This classical function of constitutional rights is called “vertical effect”. Currently، there has been forming a new tendency in the legal literature of some countries such as Germany، England and Netherlands that is going to spread the domain of constitutional rights and applying it in private relations. This phenomena is mainly named “horizontal effect” of constitutional rights or constitutionalization of the private law. These rights may be directly invoked in adjudicating private disputes or enter the private law through interpreting it’s general clauses such as good morals، public order، good faith، etc. The advantage of the latter one is that the private law remains independent، and concerns in relation to its disappearance would be diluted.