Volume 28, Issue 101 (spring 2023)
__Judicial Law Views __2012__, 28(__59__): __224296 |
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vellaei N, rahpeik S, daravi A. The Effect of Predictability of Damge in the Liability Caused by Breach of Contractual Obligation. دیدگاههای حقوقی 2023; 28 (101) :273-296
URL: http://jlviews2.ujsas.ac.ir/article-1-2100-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2100-en.html
1- , nader.vellaei@gmail.com
2- university
2- university
Abstract: (253 Views)
When the parties enter into agreements in the contract, the obligations arise and the agreements may not be implemented as expected by the parties, in which case there are damages from breach of contract. Compensation requires determining the extent of compensable damages, foreseeability of damage is a criterion for determining the extent of damages. In Iranian law, influenced by fiqh sources, there are two sources for determining the liability: usurpation and opposability, damages resulting from a breach of contract are not separate from the opposability, The relationship of legal causality, which requires a proportionality between damages and breach of contract, which justifies by foreseeability of damage. This kind of approach is contrary to the originality of the contractual liability, which considers the provisions of the contract time as a criterion for determining the extent of damages. There is no provision in Iranian law that determines certain characteristics for the ability to predict damage in contract law. In French and English law, the contractual responsibility is predicted and in French civil law and the English judicial procedure explicitly the time of the contract is unique unless it has a deliberate intention to violate its obligations.
Keywords: Foreseeability, Adequate Cause, Opposability, Contractual Responsibility, Relationship of Causality.
Type of Study: Research |
Subject:
Pivate Law
Received: 2021/10/11 | Revised: 2023/10/15 | Accepted: 2022/11/02 | Published: 2023/09/10 | ePublished: 2023/09/10
Received: 2021/10/11 | Revised: 2023/10/15 | Accepted: 2022/11/02 | Published: 2023/09/10 | ePublished: 2023/09/10
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