Judicial Law Views Quarterly (Law Views)

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attari N Z, Ghanavati J, Ghasemi Ahd V. The principles Govering Remedies for Breach of Contract According to Expectation Interest In The Modern European law and Iranian law. دیدگاه‌های حقوقی 2019; 24 (85) :97-120
URL: http://jlviews2.ujsas.ac.ir/article-1-1441-en.html

Freedom of choosing an efficient remedy after the breach of contract, Cumulation of homogeneous remedies and the right to change the selected remedy in modern European contract law have been accepted via the approach of support of the injured party`s expectation interest‌‌‌. The consideration of these principles indicates that the remedies for breach of contract are not concerned in itself and the desirable security of the parties is of utmost importance. Although acceptance of these principles in Iranian law accompanys some limitations, especially regarding the freedom of choosing the remedy of termination and seeking recovery prior to obliging to fulfill the exact obligation, but the importance of quickly determining the fate of transactions, decreasing the damages and the volume of claims and actions, necessitate to look at the remedies for breach of obligations as away or a means, and that the injured party could select the proper remedy according to the amount of desirability of contract and according to the circumstances surrounding it, and could decrease the negative effects of non efficient remedy, undertaking of the injured party to confront the damages emphasizes on this point, so in present article, as a result of analyzing the efficiency of the Expectation Interest Theory and its efficacy of economic complexities of some if the statutory remedies, it is to be dealt with the necessity of consideration and acceptance of the well-known and identified principles at modern European law in Iranian law including the principle of Equivalence of the Remedies, so as be attained the highest amount of efficiency