The interpretation of commutative justice theory in the realm of contracts

Abstract

Commutative justice, in the philosophy of law, means giving the exact amount of everybody’s rights and achieves without interference, and distributive justice is concerned to distribution of property by state. Commutative justice theory, from a more practical perspective, means the necessity of balancing the parties’ rights in bilateral contracts and if it is blemished, it should be compensated by other legal principles. In Iran’s law, this theory is justified by arguments like rule of “waste of the object of sale before its receipt” and legal options. Whereas this theory is rejected, balancing the parties’ rights in bilateral contract will be broken.

Keywords

• balancing
• commutative justice
• counter promises