Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German Law
In case of breaching the contract, the injured party is entitled to receiving the compensation that places him in a status similar to full performance situation. However, if the injured party has a role to increasing the damage, either by failing to take reasonable action to mitigate the loss or by...
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| Format: | Article |
| Language: | fas |
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Tarbiat Modares University
2025-04-01
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| Series: | پژوهش های حقوق تطبیقی |
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| Online Access: | http://clr.modares.ac.ir/article-20-75848-en.pdf |
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| _version_ | 1849416043571707904 |
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| author | Mozhdeh Jamsahar Ebrahim Delshad Ma'aref Seyed Mehdi Mirdadashi Kari |
| author_facet | Mozhdeh Jamsahar Ebrahim Delshad Ma'aref Seyed Mehdi Mirdadashi Kari |
| author_sort | Mozhdeh Jamsahar |
| collection | DOAJ |
| description | In case of breaching the contract, the injured party is entitled to receiving the compensation that places him in a status similar to full performance situation. However, if the injured party has a role to increasing the damage, either by failing to take reasonable action to mitigate the loss or by acting in a way that aggravates it, the principle of full compensation will be defected and the Amount of compensation will be regulated based on this role. This article, titled "Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German Law," Addresses this question that how is the scope and conditions of the injured party's obligation to mitigate and how to claim the relevant costs. Using a descriptive-analytical method and library resources, the research findings show the obligation to mitigating the damage is limited to reasonable and acceptable measures, and also substitute contract formation with a third party could fall within this framework. Moreover, the incurred costs to mitigate damages are receivable, and injured party's negligence is considered as one of the main basis to mitigate the amount of compensation. |
| format | Article |
| id | doaj-art-4e25dca853124f5da022bb3d44d58603 |
| institution | Kabale University |
| issn | 2251-6751 2476-6801 |
| language | fas |
| publishDate | 2025-04-01 |
| publisher | Tarbiat Modares University |
| record_format | Article |
| series | پژوهش های حقوق تطبیقی |
| spelling | doaj-art-4e25dca853124f5da022bb3d44d586032025-08-20T03:33:18ZfasTarbiat Modares Universityپژوهش های حقوق تطبیقی2251-67512476-68012025-04-012916283Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German LawMozhdeh Jamsahar0Ebrahim Delshad Ma'aref1Seyed Mehdi Mirdadashi Kari2 Assistant Professor in Private law, Faculty of Human Sciences, Islamic Azad University, Qom Branch, Qom, Iran Associate Professor in Private law, Faculty of Human Sciences, Islamic Azad University, Qom Branch, Qom, Iran In case of breaching the contract, the injured party is entitled to receiving the compensation that places him in a status similar to full performance situation. However, if the injured party has a role to increasing the damage, either by failing to take reasonable action to mitigate the loss or by acting in a way that aggravates it, the principle of full compensation will be defected and the Amount of compensation will be regulated based on this role. This article, titled "Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German Law," Addresses this question that how is the scope and conditions of the injured party's obligation to mitigate and how to claim the relevant costs. Using a descriptive-analytical method and library resources, the research findings show the obligation to mitigating the damage is limited to reasonable and acceptable measures, and also substitute contract formation with a third party could fall within this framework. Moreover, the incurred costs to mitigate damages are receivable, and injured party's negligence is considered as one of the main basis to mitigate the amount of compensation.http://clr.modares.ac.ir/article-20-75848-en.pdfobligationdamagesinjured partycostnegligence |
| spellingShingle | Mozhdeh Jamsahar Ebrahim Delshad Ma'aref Seyed Mehdi Mirdadashi Kari Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German Law پژوهش های حقوق تطبیقی obligation damages injured party cost negligence |
| title | Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German Law |
| title_full | Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German Law |
| title_fullStr | Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German Law |
| title_full_unstemmed | Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German Law |
| title_short | Conditions and Causes for Obligation to Mitigate Damages and the Effect of Negligence in It under Iranian and German Law |
| title_sort | conditions and causes for obligation to mitigate damages and the effect of negligence in it under iranian and german law |
| topic | obligation damages injured party cost negligence |
| url | http://clr.modares.ac.ir/article-20-75848-en.pdf |
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