Analyzing the legal rules governing the remedy caused by the termination of the contract and predicting its breach with emphasis on international documents
Today, businessmen in their international exchanges often use the contract of sale, which is sometimes breach by one of the parties, And inevitably, to compensate for the damage, compensation methods should be used in different systems of the world. In this regard, compensation for contractual damages has been fully accepted in most legal systems and international documents, which include the principles of European contracts and the principles of international commercial contracts, as well as the Convention on the International Sale of Goods But in Iran, internal legal rules are still used when necessary which has caused legal challenges in this regard.
The present research was carried out with a descriptive analytical method.
The findings of the present research showed that the principles of international documents that are important in the enactment of laws and principles governing contracts in terms of anticipating violations and termination and finally compensation have not been included in the legal rules of the subject as it should be, because the review and analysis The assessment of damages caused by breach of contract in Iranian law compared to international documents indicates the weakness of Iran's legal system, as a result of the need for Iran's judicial system to apply international principles and documents and legal rules governing contracts in line with commercial and economic interactions at the international level. And compensation for damages caused by breach of contract is necessary.
- 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.