Civil liability of reliance in the case of invalidity of contract
Abstract In the course of concluding the contract, it happens that the parties to the contract carry out the costs, take measures and transactions or withdraw from the situations. In the case of the invalidity of the contract, all of this appear in the form of the damage. It seems that if one can attribute the nullity of the contract to one the parties, then that party can be identified as responsible for the compensation of such damages. This responsibility is forcible and it is the basis of the above-mentioned fault as well; because the party that assumes the cause of the fault and yet enters the contract consciously, has committed the wrongdoing. It is feasible to acquire the causality relationship with respect to the direct transaction costs such as brokerage, official document setup, transportation and maintenance, etc. But, due to the indirect losses, this acquisition of relationship proves to be difficult regarding the loss of the opportunities as well as the transactions and measures that are towards the conclusion of the contract which might result in harm and loss such as selling assets or borrowing to provide consideration. The purpose of the liability of reliance is to put the harmed party in a situation that if the contract was not concluded, that party would still remain in the same situation.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.