Document Type : research
Authors
1
Fariba Jozdani, PhD student, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2
2. Arshad Naderpour, Assistant Professor of Private Law Department, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
3
. Majid Abbasabadi, Assistant Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
10.22034/ejs.2024.453305.1773
Abstract
Background and Aim: Fundamental rights are very important. The purpose of this article is to investigate the effectiveness of private rights among fundamental rights in Iranian law.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: In Iranian law, fundamental human rights are affected by contract rights and should be taken care of by the legislator and courts, because fundamental rights are at the top of the legal system pyramid and the provisions of any normal law should not contradict it. In addition to that, the principles of the rights of contracts and their provisions these rights, human dignity, social solidarity, equality, the right to free access to information, general and individual freedoms such as freedom of employment, freedom of marriage, freedom of speech and prohibition of abuse of rights can be mentioned.
Conclusion: The effectiveness of private rights is one of the basic and fundamental rights in Iranian law is the subject of this article. Considering the sovereignty of the principles of the constitution which are derived from these fundamental human rights, the fundamental human with the civil laws and laws, disputes can be resolved. Settle the way that causes the least damage to the weak side.
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