Influence of Human Rights on Contract Law In Iran, German and English

Human Rights as inherent unwairable and inseparable rights from human personality has no role in private law and contract law conventionally. But today contractual unequal relationships and abuse of weak party employment of human rights (particularly human dignity, equality) due to contract s control and balance establishment in contractual relationships in necessary. This matter means that content of contracts must not be contrary to basic values of human rights. Human rights override contract law in many ways. The best way is indirect influence. This way help to protect contract law independence. In this way contracts interperated under general rules of human rights. This influence sometimes is storing and sometimes is weak.in some legal systems the function of state about protect and guarantee of fundamental rights in horizontal level is anticipated in constitution. This matter in both Roman law and Common law has precedent. In German and England courts judgment private contracts held void by adduce to human rights. This research has show that Constitutional structure and main rules referring to human rights in contract law in Iran is indirect influence. Prohibition of abuse of right and privation of right at all are two samples of this capacity