Evaluation of the theoretical foundations of advertising contracts and the liability arising from them in Iranian law

Document Type : Original Article

Authors
1 Associate Professor of Private Law, Islamic Azad University of Zanjan, Zanjan, Iran.
2 Master's student in private law,Zanjan Branch , Islamic Azad University, Zanjan, Iran
10.22034/jble.2025.560171.1032
Abstract
Advertising is one of the categories that can be concluded under the title of an (advertising) contract between two people and creates liability for the parties to the contract. If the provisions of the advertising contract are untrue or conflict with customary standards, it creates liability for the advertising company that widely publishes the advertisement. In fact, one of the ways to provide information to the consumer is advertising. Sometimes this advertising is false and the consumer eventually finds out that the purchased product does not comply with the definition and advertisements; and it leads to deception of the audience and ultimately losses to him, and this not only causes liability for the owners of the product advertisement; Rather, advertising media will also be responsible to the consumer. Considering the above, the main question that comes to mind during this research is what is the civil liability arising from advertising contracts in the Iranian legal system? The findings of the research, using the descriptive-analytical collection method, indicate that civil liability arising from advertising contracts in the Iranian legal system is based on the principle of no harm and liability based on fault, and compensation for damages is envisaged for the injured party.
Keywords

  • Receive Date 03 July 2025
  • Revise Date 07 September 2025
  • Accept Date 17 September 2025
  • First Publish Date 17 September 2025
  • Publish Date 23 August 2025