Volume 20, Issue 1 (2016)
CLR 2016, 20(1): 1-20 |
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Badini H, Taghizadeh E, Alidoosti Shahraki N, Panahi Osanlo P. The Effect of the Principle of Full Compensation for Damages in Objective and Abstract Methods in Assessing of Damages on the International Sale of Goods. CLR 2016; 20 (1) :1-20
URL: http://clr.modares.ac.ir/article-20-7865-en.html
URL: http://clr.modares.ac.ir/article-20-7865-en.html
Abstract: (11644 Views)
The principle of full compensation for damages has been accepted in different legal systems and the international documents such as the Convention on the International Sale of Goods, Principles of European Contract Law, and UNIDROIT Principles of International Commercial Contract. Also it is reliable about violation of international sale agreements for the damaged party. In violation of international sale contract, this principle necessitates to put the damaged party situation in a condition that it has been expected with full implementation of the contract; therefore, in methods of determining contractual damages, the above principle should be considered. So in objective method, determining the amount of damage that the damaged party has the right to conclude a successor deal, or in abstract method, determining the amount of damage that damaged party can receive the difference of the price of received the good with market price through applying the principle of full compensation is necessary, and any method that supports this principle well has priority.
Keywords: The principle of full compensation for damages, Objective method, Abstract method, Successor deal, Current price
Received: 2015/12/30 | Accepted: 2016/06/17 | Published: 2016/06/19
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