Jurisprudential examination of claims for damages for non-fulfillment of obligations

Claiming damages for non-fulfillment of obligations is one of the disputed issues in jurisprudence, which is also a subject of discussion from a legal point of view. The purpose of this article is to examine the possibility and conditions of claiming damages for non-fulfillment of obligations.

This paper applies a descriptive-analytical design using the library method.

Ethical considerations: 

In this article, the texts’ originality of, honesty and trustworthiness have been observed.

The findings indicate that in jurisprudence, the issue of claiming damages for non-fulfillment of obligations has not been discussed much, and in general, Mihawan believed that there are two views in this regard. Iran's law, while emphasizing the need to perform the same obligation, contract termination and claim for damages are also accepted, but the legislator has been satisfied with generality when facing the issue of damages; Iran's legislature has not only not clearly determined the types of damages that can be compensated, but even in the determined cases, it does not provide the rules for assessing the damages; This is as if the legislator has not firmly considered the principle of the existence of a compensation method in the breach of contractual obligations.

It is necessary in Iranian law, considering that in many cases there is no obligation to perform the same obligation, the demand for compensation, compensation methods and damage assessment tools should be considered more precisely.