نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق، دانشکده حقوق دانشگاه علم و فرهنگ (نویسنده مسئول)
2 دانشجوی دکتری حقوق خصوصی ،دانشکده حقوق ،دانشگاه علم و فرهنگ ،تهران ،ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the most important results of the principle of autonomy is the principle of relativity of contracts, whereby each person commits only to his own will and when people conclude a contract with each other, the effects of this contract are only directed at the parties or their representatives, and the effect of the contract does not extend to other people, but due to the requirements of social life, this principle has been modified to some extent and exceptions have been introduced, one of which is collective contracts, which is a new concept in the contract law system. Collective contracts obligate some people without being parties to the contract. In Iran's legal texts (such as France), collective contracts are not defined as a specific type of contracts, and only some examples (for example, collective labor agreements) are defined. In Imamiyyah jurisprudence, some natures (such as Monazeleh) can be observed, which analysis in the form of collective contracts will determine their points of difference and commonality. Deriving the general rules of collective contracts, it clarifies whether it is possible to conclude a collective contract in any field where there is a collective interest, or whether only the legislator is able to legislate the permission to conclude such agreements, and in this situation, what general rule should be applied to such agreements.
کلیدواژهها [English]
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