VALIDITY AND TIME OF CONTRACTUAL OBLIGATIONS ARISING FROM COMPENSATION IN IRAN AND BRITISH LAW

Autores

  • Ali Asghar Kargar M.A student, Department of Law, Germi Branch, Islamic Azad University, Germi, Iran
  • Mozafar Bashokouh Assistant Professor, Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran
  • Mansour Eshghpour University Instructor, Department of Law, Germi Branch, Islamic Azad University, Germi, Iran

DOI:

https://doi.org/10.22478/ufpb.2179-7137.2019v8n3.47626

Palavras-chave:

Compensation, Contract Violation, Compensatory Damage, Expected Damage, Retirement Damage

Resumo

Three ways to enforce the same obligation are to terminate and pay damages in respect of the guarantee of contravening contractual obligations in common legal systems, although the primacy of these compensatory methods varies from one to another in each system. In England, four types of damages are foreseen for breach of contractual obligations: compensatory or remedial damages, recovery or restitution, nominal damages, and punitive damages. Recovery damage is assessed with two predicted damages and repossessing damages. The moral damage is also in the category of compensatory damages, but it has its own rules. In Iranian law, the law expresses some conditions, barriers, and forms of damages. Items such as loss, existence of causality, certainty, predictability, and directness as other conditions involved in creating the right to claim damages are raised by legal theory. Applied issues such as the compensation criteria are also not a specific place in the legal system of Iran. Limitations on damages, including unlikeness, discounting theory, the involvement of the injured party in Cairo's rights in England, have been developed to identify each of the criteria and criteria for evaluation; in the Iranian legal system, Cairo's power is explicitly stated in the law. And other cases have been raised more and more in legal theory. The incomplete and disproportionate expression of the rules governing the compensation of Iranian law as well as the necessity of achieving a comprehensive military system in this regard, taking advantage of the theoretical and practical experience of the English law, is an essential requirement for the present study

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Referências

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Publicado

2019-08-30

Como Citar

KARGAR, A. A.; BASHOKOUH, M.; ESHGHPOUR, M. VALIDITY AND TIME OF CONTRACTUAL OBLIGATIONS ARISING FROM COMPENSATION IN IRAN AND BRITISH LAW. Gênero & Direito, [S. l.], v. 8, n. 3, 2019. DOI: 10.22478/ufpb.2179-7137.2019v8n3.47626. Disponível em: https://periodicos.ufpb.br/ojs2/index.php/ged/article/view/47626. Acesso em: 19 jan. 2022.

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