Contrat comme loi naturelle (rationnelle), penser le fondement de la validité du contenu du contrat en droit français et iranien des contrats

Abstract

The contract looks like the natural law. This means the negation of the principle of the autonomy of the will and the will of Legislator as a basis for the validity of contractual content would be rejected. For, the foundation of creation and validity of natural law would not the will, but natural justice and natural equity. Therefore, the foundation of the validity for such a contract- similar to such a law- must be sought in justice and equity. Adopting such an approach, the principle of contractual justice and fairness- not the principle of the autonomy of the will or the principle of obligatory force of a contract- surface dominant. Such an approach could become more conductive to Iranian contract law. Neither will of legislator nor the principle of the autonomy of the will could be considered as the foundation of the validity of the contractual content in the Iranian legal system, all in order to deter the contract to be praised. It is God's will that determines the foundation of the validity of the contract and this will gives priority to the La Zarar and the negation of Hardship over other contractual principles.