Volume 23, Issue 1 (2019)                   CLR 2019, 23(1): 99-126 | Back to browse issues page

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attari N Z, ghanavati J, Vahid Ghasemi ahd V. The Analysis of «Expectation Interest» as a Criterion for Assessing Contractual Damages; The Comparison of Modern European Contract Law and Iranian Law. CLR. 2019; 23 (1) :99-126
URL: http://clr.modares.ac.ir/article-20-26127-en.html
1- Ph.D. Student In Department Of Private Law At Islamic Azad University , Arak Branch, Markazi, Iran
2- Associate Professor In Department Of Private Law At Pardis Farabi Of Tehran University, Tehran, Iran , ghanavaty@ut.ac.ir
3- Assistant Professor In Department Of Private Law At Islamic Azad University, Arak Branch, Markazi, Iran
Abstract:   (6001 Views)
Expectation interest with the approach of the motivation support of parties from conclusion of the agreement is accepted as the most efficient criterion for assessing contractual damages in Common European Sales Law, Draft Common Frame of Reference and Principles of European Law. Expectation interest means to put the contractual injured party in the position if the contract had been performed. This theory, not only has its particular bases and principles, but also can be justified through the principles governing contractual remedies such as the principle selection freedom of the efficient remedies. Theoretically the principles such as the Transactional nature of the contract, contract as a property and consistency with the theory of efficient breach necessity of playing equal to the rate at the payment the full compensation principle can be cited. Although this criterion has faced some challenges in Iranian law according to article 515 of the civil procedure law, but assessing damages based on this criteria according to the effect that can have on the motivation of parties regarding conclusion of the agreement,optimal allocation of resources, reaching to the contractual objective has particular efficiency. So the current article studies on feasibility of acceptance in Iranian law with the efficiency analysis of this criteria and its relation with particular efficiency.
 
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Article Type: Original Research |
Received: 2018/10/14 | Accepted: 2019/06/15 | Published: 2019/06/15

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