Uufair Terms in Contracts Between Businesses

The economic, social, psychological or intellectual superiority of some business enterprises has led them to impose their own favorite terms and conditions on the other enterprises. Therefore, this article intends to answer these main questions. From the point of view of law and judicial precedent, what are qualifications needs for the  terms between businesses to be considered unfair and what is the basis that justified control of unfair terms? The results of the research reveals that despite the advent of new theories such as the theory of transaction costs as a basis for dealing with unfair terms, it can still be argued that in the Iranian legal system, the basis for dealing with such terms is “No Loss Principle”. In addition, Couse of important principles such as freedom of competition and contractual security, there is less rigidity and more flexible enforcing guarantee in contracts between the businesses to such terms, which can be criticized. Thus, the and the legislator not only must provide more precise components to recognition of such terms, but also establish more strict enforcement guarantees such as annulation of those terms