Comparative study of the possibility of generalization of specific remedies in International documents to Iranian law
In domestic law, some forms of remedies for breach of contractual obligations, such as the obligation to execute a commitment, termination of a contract and claim for damages, are in common with what is stated in international documents. However, some of the practices in these documents are not in I...
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Semnan University
2024-04-01
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| Series: | مطالعات فقه و حقوق اسلامی |
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| Online Access: | https://feqh.semnan.ac.ir/article_7391_a8a0b54715620ccdd3a6f65a5a7c745a.pdf |
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| _version_ | 1850137927605026816 |
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| author | Mohammad Mahdi Masoumi |
| author_facet | Mohammad Mahdi Masoumi |
| author_sort | Mohammad Mahdi Masoumi |
| collection | DOAJ |
| description | In domestic law, some forms of remedies for breach of contractual obligations, such as the obligation to execute a commitment, termination of a contract and claim for damages, are in common with what is stated in international documents. However, some of the practices in these documents are not in Iranian law and are specific. Such as judicial penalty, interest payments, price Reduction, and resale of goods. Given the progress and dramatic increase in contractual relationships amongst the community, strengthening domestic rights in this field seems necessary. International documents contain regulations on remedies that, in quantitative and qualitative terms, allow for fair and complete compensation for damage. Therefore, their generalization to domestic law will provide the objective of realization of liability, the full compensation of damages, as appropriate. However, it is not possible to pay legal interest in domestic law, but predicting other international remedies will strengthen Iranian law in this regard. |
| format | Article |
| id | doaj-art-b39b5c02a3aa40b3b2a028c5218b576e |
| institution | OA Journals |
| issn | 2008-7012 2717-0330 |
| language | fas |
| publishDate | 2024-04-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj-art-b39b5c02a3aa40b3b2a028c5218b576e2025-08-20T02:30:42ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302024-04-01163431534210.22075/feqh.2023.28381.33807391Comparative study of the possibility of generalization of specific remedies in International documents to Iranian lawMohammad Mahdi Masoumi0Assistant Professor, Department of Law, Kashan Branch, Kashan Islamic Azad University, IranIn domestic law, some forms of remedies for breach of contractual obligations, such as the obligation to execute a commitment, termination of a contract and claim for damages, are in common with what is stated in international documents. However, some of the practices in these documents are not in Iranian law and are specific. Such as judicial penalty, interest payments, price Reduction, and resale of goods. Given the progress and dramatic increase in contractual relationships amongst the community, strengthening domestic rights in this field seems necessary. International documents contain regulations on remedies that, in quantitative and qualitative terms, allow for fair and complete compensation for damage. Therefore, their generalization to domestic law will provide the objective of realization of liability, the full compensation of damages, as appropriate. However, it is not possible to pay legal interest in domestic law, but predicting other international remedies will strengthen Iranian law in this regard.https://feqh.semnan.ac.ir/article_7391_a8a0b54715620ccdd3a6f65a5a7c745a.pdfremedies؛ contractual liability؛ international documentbreachof contract؛ iranian law |
| spellingShingle | Mohammad Mahdi Masoumi Comparative study of the possibility of generalization of specific remedies in International documents to Iranian law مطالعات فقه و حقوق اسلامی remedies؛ contractual liability؛ international document breachof contract؛ iranian law |
| title | Comparative study of the possibility of generalization of specific remedies in International documents to Iranian law |
| title_full | Comparative study of the possibility of generalization of specific remedies in International documents to Iranian law |
| title_fullStr | Comparative study of the possibility of generalization of specific remedies in International documents to Iranian law |
| title_full_unstemmed | Comparative study of the possibility of generalization of specific remedies in International documents to Iranian law |
| title_short | Comparative study of the possibility of generalization of specific remedies in International documents to Iranian law |
| title_sort | comparative study of the possibility of generalization of specific remedies in international documents to iranian law |
| topic | remedies؛ contractual liability؛ international document breachof contract؛ iranian law |
| url | https://feqh.semnan.ac.ir/article_7391_a8a0b54715620ccdd3a6f65a5a7c745a.pdf |
| work_keys_str_mv | AT mohammadmahdimasoumi comparativestudyofthepossibilityofgeneralizationofspecificremediesininternationaldocumentstoiranianlaw |