Ethical Dimensions of Non-Responsibility Condition in Iranian Law and International Law

A non-responsibility clause is a type of contract in which it is agreed that the parties are exempted or their liability is reduced from possible moral responsibilities that may arise in the future. In this way, it can be said that the non-responsibility condition is a condition that is included in the text of the contract, and its purpose is to eliminate the responsibility that is faced by the obligor in case of non-performance of the contract or delay in its performance or incomplete performance of the contract. Therefore, the purpose of this research is to examine the ethical dimension of this condition in Iranian and international law, which was done with a descriptive analytical method with a library technique.

The non-responsibility clause is a clause that is included in the contract with the purpose of eliminating the contractual or non-contractual liability of one party for compensation. According to one opinion, the condition of non-responsibility is invalid. According to another opinion, the disclaimer clause is valid. Comparing the condition of non-liability in international law with Iranian law, considering its dimensions in the rights and moral obligations of the parties to the contract, in domestic and international treaties and their moral obligations, has been effective. If the condition of non-responsibility is fulfilled correctly, it eliminates the moral responsibility of the obligee, and the injured party can no longer claim damages from the causer of the damage. The non-responsibility condition is valid in the scope of contractual civil responsibilities that are caused by mistakes and errors.