American and Iranian law approach to unfair contractual terms

The studies conducted show that preventing the creation of more gaps between the strong party with a dominant status and the weak party with a less privileged status as the ideal of justice seekers, ultimately led to the approval of Directive 13/93 of the European Union, the member states of each concept of absolute nullity. , relative nullity or protection based on which the nullity of a condition can occur "exclusively" in favor of the weaker party, have been recognized as a guarantee of the unfair implementation of the contractual terms. On the other hand, the acceptance of the theory of unconscionability in the United States of America goes back to the adoption of this principle in the uniform commercial law in the middle of the 20th century, which was created with the aim of creating a single legal body throughout the United States and explicitly choosing the performance guarantee as a matter of subject matter. assigned to the court. In Iranian law, the capabilities available in jurisprudence as well as the adherence of judges to legal principles and interpretation techniques can be useful, among which the most important ones are the reference to public order, harmlessness and abuse of the state of emergency. But the results of the research indicate the need for explicit action by the legislator.