The influence of private rights on fundamental human rights with an approach to the theory of direct effect and indirect effect

Articles in Press

Document Type : Research Article

Authors

1 PhD student, Department of Private Law, Center Tehran Branch, Islamic Azad University, Tehran, Iran

2 , Assistant Professor, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran

3 Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

10.22059/jolt.2025.365668.1007237

Abstract

Traditionally, fundamental rights were among the categories that were used to defend individuals against governments. This specific function of fundamental rights is closely related to the distinction between private and public rights and has expanded over the last two centuries. In today's world, the influence of fundamental human rights on the category of private contracts takes place in a direct and indirect way. In the direct effect method, fundamental human rights are directly effective in contractual relations. The problem with this method is that it violates the independence of private rights. The impact of fundamental human rights is shown indirectly through the interpretation of the rules of contract law. One of the advantages of this method is maintaining the independence of private law as a pure knowledge that has been noticed by positivists. In this article, after explaining the concepts of human rights and fundamental human rights, the authors have pointed to the relationship between fundamental human rights and private rights, and finally, they have addressed the way of applying the rules of fundamental human rights to private contracts.

Keywords

Main Subjects

Private Law

Articles in Press, Accepted Manuscript
Available Online from 20 October 2025

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