جستجوی مقالات مرتبط با کلیدواژه "منافع ناشی از طمع ورزی" در نشریات گروه "فقه و حقوق"

Establishing justice in contracts has always been the subject of many challenges, most notably the differences in explaining the concept of justice as well as the various ways in which it is implemented, including distributive and corrective justice. Accordingly, the main challenge of this research is to examine the concept of corrective justice and its place in the field of contract law and to examine some of its important instances in common law Iranian law. At the end of this article, it will be clear that reform justice is nowadays applied in the field of contract law in the assumption that the benefit of one contract equals the loss of the other party and that the correction of wrongful conduct in the performance of contracts is the result. This face of justice is in many ways, including disgorgement, expectation interest, contra proferentem in current contract law.Keywords: reciprocal justice, distributive justice, disgorgement, expectation interest, contra proferentem.

breach of contracts and damages which violate the violation is one of the most important issues in the implementation of contracts. One of the cases is the violation of a breach that violates the first contract on the side of the payment of the damages and gives the second contract a type of opportunism or opportunism. the main issue of this paper is investigating the nature and principles of " restitution of the interests caused by disgorgment in the rights of the united states and investigating its possible bases in iranian law and shiite jurisprudence as well as its effect on the commitment to contracts and to prevent effective contract violations. The article shows how the American justice policy is intended to prevent opportunism with the aim of preventing breach of obligations, which is alleged to be in compliance with the other three methods of compensation for damages in markets with stable fluctuations and economies that have underlying inflation. basics explain this method ethics, efficiency, corrective justice, and unjust theory. as stated in iranian law and imami jurisprudence, it is questionable to rely on the theory of having an unfair ownership, but it can be confirmed by citing the rule of rejection of system disorders in certain conditions.