نوع مقاله : مقاله پژوهشی
دانش آموخته دکتری حقوق خصوصی از دانشگاه مونپلیه فرانسه
عنوان مقاله [English]
The relationship between ethics and law has long been a point of contention between jurists and philosophers. In general, there are two views, classical and modern; The first view implies that there is a fundamental difference between these two branches of science because each has its own requirements. Law deals with social phenomena and regulates relations between the general public, and it is on this basis that public order and public interest are understood, while morality pays attention to the secrets of human beings and pursues the mission that every According to his nature, a human being tends to goodness and stays away from sin. The logic of the classical view has been criticized in modern theory, arguing that law is a dry and inflexible concept according to the classical view, while law must pay attention to ethics because the basis of law is based on ethics. Existence of ethics is observed in various aspects of law, including obligations and contracts. In this article, an attempt has been made to examine the place of ethics in the law of obligations in the laws of Iran and France in order to fill the legal gaps.