CRITICISM OF TRADITIONAL OR LIBERAL THEORY OF CONTRACT WHIT AN EMPHASIS ON CRITICAL APPROACH OF ROBERTO UNGER

Abstract

<strong>Abstract<br /> </strong>The traditional or liberal theory of contract always had encounter serious critics. The authors of this article have criticized this theory- based on new theory of Unger (a pioneer in the Critical legal studies movement) - and also have analyzed the strengths and weaknesses of that. This theory consists of a principle and a counter principle that include freedom of contract against the society and freedom of contract against the justice and fairness. The main point of this theory is that the principle of freedom of contract is just a credit and thus we should not give it originality. The facts Such as General aspects of social life can limit and conflict with this credits. Thus to balance these matters, we should prefer the facts to the credits. Because the Critical legal studies movement is based on realism, we must consider a counter principle topics such as goodwill, justice and Fairness and Non loss against the principle of freedom of contract.