2
Member of Law Faculty of Farabi Campus in University of Tehran
3
Judge/ Phd in private law from the university of Tehran.
Abstract
The purpose of this Article is to study the possibility, manner and effects of the insertion of fundamental rights into private law, which has been done by analytical-critical method. Lawyers often apply said rights to the government, and have rarely discussed about application of fundamental rights between private parties. The concept of constitutionalization of private law could be defined as “obliging the private parties to obey the fundamental rights – such as equality, privacy and liberty - in their relationships”. As a result of this process, the nature of civil rights and obligations, distinction between public and private law, and liberal order of duty-bearers may be exposed to changes; triple challenges which, though leading to conceptual development of some private law institutes, could be justified in European law by resort to indirect effect model and in Iran, due to special literature of the people rights in Islamic Republic of Iran Constitution and Juridical structure of private law regime, by resort to direct effect. The most important achievement of this research is attention to revise the basic rights in private relationships, and to prove the Islamic jurisprudence enrichment to absorb the fundamental rights in private relationships.
ghanavati, J., Alizadeh, A., & Zanganeh, M. (2021). Constitutionalization of Private Law in European Law, Iranian Legal System and Imamiyah jurisprudence. Islamic Law, 18(69), 251-284.
MLA
jalil ghanavati; Abdorreza Alizadeh; Mojtaba Zanganeh. "Constitutionalization of Private Law in European Law, Iranian Legal System and Imamiyah jurisprudence". Islamic Law, 18, 69, 2021, 251-284.
HARVARD
ghanavati, J., Alizadeh, A., Zanganeh, M. (2021). 'Constitutionalization of Private Law in European Law, Iranian Legal System and Imamiyah jurisprudence', Islamic Law, 18(69), pp. 251-284.
VANCOUVER
ghanavati, J., Alizadeh, A., Zanganeh, M. Constitutionalization of Private Law in European Law, Iranian Legal System and Imamiyah jurisprudence. Islamic Law, 2021; 18(69): 251-284.
