Justice and economic efficiency in the philosophy of Iranian private law

Since the late nineteenth century, in the literature of economic analysis of law, economic efficiency, along with the ideals of order and justice, has been proposed as a philosophy of private law in order to maximize wealth to create public satisfaction. Therefore, in the present study, we seek to answer the question whether in private Iranian law, the purpose of the rules is to achieve justice or economic efficiency? the ultimate goal in the philosophy of private law is to guarantee the right, that is, to regulate the relations of individuals (by establishing law) by means such as the law and the procedure of the courts, in order to achieve the right. In the meantime, justice and economic efficiency are also the criteria and indicators on the basis of which the right and the wrong are defined. Accordingly, efficiency, if not inconsistent with Islamic standards, can be the basis of legislation and judgment, and its optimal values are defined based on the thematic scope of law. Explaining that the role of economic efficiency in the formal and substantive areas of the law market is more colorful and in the non-market areas of law is less.