The Status of Unfair Contracts in Imami Jurisprudence Compared to the Unfair Condition in Iran's Electronic Commerce Law and International Systems

An unfair condition is considered ineffective in the Iranian e-commerce law to the detriment of the consumer. The law does not provide a definition of an ineffective condition and it has allowed the judge to decide whether that is effective or not. Although there is nothing called unfair condition in established jurisprudence, the principles of jurisprudence have made everything clear. According to the jurisprudential principles, the task is clear and these conditions are despite the principle of freedom of contracts, is supported by Imami jurisprudence. If it is to the detriment of one of the parties to the contract, it is one of the cases that, in addition to being voided, invalidates the condition of the contract, such as the condition contrary to the requirements of the contract, observing justice and fairness and avoiding harm to the transaction. All these are instances of how Imami jurisprudence deals with unfair condition. International legal systems also view the unfair condition as being invalid and ineffective.