The Concept and Status of Unfair Terms in European Law and the Written Law of Iran: With an Approach to Justice and Fairness in Imamiyah Jurisprudce

The unfair terms are one of the most important issues regarding consumer rights and life today cannot be imagined without using various consuming products. Meeting consumer needs is dependent upon the conclusion of contracts that are often associated with provisos. Additionally, the promptness of the societies' economic move and emergence of class gap has led one party to imposing unequal terms and ultimately more or perhaps the absolute domination of one's will to collapse and undermine justice and fairness. European states have always attempted to control such terms. This query, through examining the concept and status of unfair terms in the European and Iranian laws and some of the examples of unfair terns stipulated in Directive No. 93/13 of the European Economic Community and considering the opinions of the Imamiyah jurisprudents as to justice and fairness, has come to this conclusion that given the dispersion of the opinions of Imamiyah jurisprudents regarding justice and fairness, these concepts are not an appropriate tool for controlling unfair contractual terms. In this regard, other jurisprudential grounds such as system disorder, unlawful ownership and impossibility of the terns could be employed. Paying attention to lack of a general rule in Iranian laws in controlling these terms highlights this significant issue.