The Status of Justice in Iranian Civil Law (Case Study of Compensation)

Not every law and rule that enters the world of law is independent of the judgment of reason and justice. Has there been compensation? In fact, justice is considered as an element with the concept of neutrality in civil rights and the proportionality of compensation for damages. The only infringing rule is the proportionality of the agreement between the parties, with which justice has no problem, provided that the parties to the contract are in an equal position, and as soon as there is inequality or abuse of the terms of one of the parties, justice enters and ignores the agreement. The application of the rule of neutrality applies the proportion between the damage and the intended damage. As a result, justice, with its broad role, creates the potential for flexibility in the laws and agreements of the parties to the contract. In the discussion of compensation, the view of proportionality and impartiality of justice has been considered that this concept can even go beyond the agreement of the parties and appear in the expression of justice above the law. As a result, this theory also assumes the pillar of legitimacy and validation of laws.