پیوند میان حقوق و علوم بنیادین در یک پارادایم نوین (ACED) تئوری تعادلی قرارداد عارفی | Arefi's Contractual Equilibrium Doctrine (ACED): Bridging Law and Fundamental Sciences in a Novel Paradigm
Year: 2025
Type: article
Abstract: This study introduces the “Arefi’s Contractual Equilibrium Doctrine” (ACED) as an interdisciplinary paradigm designed to address contractual disequilibrium, particularly in long-term exchange contracts such as construction projects and public–private partnerships (PPPs). The doctrine draws inspiration from equilibrium principles in the natural sciences, game theory, the concept of entropy in thermodynamics, and Professor Jafari Langroudi’s theory of balance, which encompasses four dimensions: transfer of ownership, delivery, value, and mutual obligations. ACED conceptualizes contracts as closed yet dynamic systems that, when disrupted, respond through legal mechanisms analogous to self-regulating processes in scientific domains. To operationalize this framework, seven analytical formulas (A1–A7) have been developed, enabling the quantitative measurement of contractual disequilibrium and guiding remedies such as price adjustments, hardship clauses, and equitable risk redistribution. The article demonstrates the application of these formulas in construction, energy, and infrastructure projects, and shows how ACED can enhance fairness, predictability, and resilience in contractual relations. By combining normative legal analysis with quantitative scientific modeling, ACED establishes a novel framework in contract law and provides courts, arbitral tribunals, and policymakers with a systematic tool for restoring balance and reducing disputes. Keywords: Contract Law; Arefi’s Contractual Equilibrium Doctrine (ACED); FIDIC; Nash Equilibrium; Game Theory; Public–Private Partnership (PPP); Contractual Adjustment; Dispute Resolution; Arbitration
Author: Arefi, Farshid
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7081579690
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