Müqavilənin standart şərtləri

The article examines the institution of "standard terms of contract", which is an important parameter of today's civil law sphere. The place of the concept in question in the modern legal system is discussed. In relation to this issue, the legislator's position, court practice and approaches available in the doctrine are analyzed. Important nuances such as the understanding of the standard terms of the contract, their place in the legal system of the Republic of Azerbaijan, their elements, verification, reliability, and defense mechanisms formed by the legislator against abuses that may arise from it are touched upon. In particular, the imperative requirements regulating this institution are considered in the legislation. It is clarified whether this type of condition is necessary and desirable from the perspective of civil law. Key words: contract, standard, condition, element, validity, check, mechanism, court, legislator, imperative, interpretation, content

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Publication Details

Journal
Azerbaijani Lawyer Journal
Published
2024-10-16
DOI
https://doi.org/10.61638/kveg5937
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Müqavilənin standart şərtləri

Subhan Rasulzade
Azerbaijani Lawyer Journal
European and International Law Studies
article

Müqavilənin standart şərtləri

Subhan Rasulzade
article en

Abstract

The article examines the institution of "standard terms of contract", which is an important parameter of today's civil law sphere. The place of the concept in question in the modern legal system is discussed. In relation to this issue, the legislator's position, court practice and approaches available in the doctrine are analyzed. Important nuances such as the understanding of the standard terms of the contract, their place in the legal system of the Republic of Azerbaijan, their elements, verification, reliability, and defense mechanisms formed by the legislator against abuses that may arise from it are touched upon. In particular, the imperative requirements regulating this institution are considered in the legislation. It is clarified whether this type of condition is necessary and desirable from the perspective of civil law. Key words: contract, standard, condition, element, validity, check, mechanism, court, legislator, imperative, interpretation, content

Azerbaijani Lawyer JournalVol. 24(2)
Openalex Percentile: Top 71%
European and International Law Studies
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