ECONOMIC ANALYSIS OF REMEDIES FOR BREACH OF OBLIGATION, SPECIFIC PERFORMANCE

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AMINI MANSOUR; Shokuhyan Seyed Alireza

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Journal: PRIVATE LAW STUDIES Year:2019 | Volume:49 | Issue:1 Page(s): 17-33

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Title

ECONOMIC ANALYSIS OF REMEDIES FOR BREACH OF OBLIGATION, SPECIFIC PERFORMANCE

Author(s)

AMINI MANSOUR | Shokuhyan Seyed Alireza | Issue Writer Certificate

Keywords

compensationQ2

efficient breach of contractQ1

justified breachQ1

Kaldor-Hicks efficiencyQ1

specific performanceQ1

Abstract

specific performance and compensation are main remedies for breach of obligation. Different legal systems, dependent upon their philosophical, legal and ethical attitudes, gave different priority to one of them and used another as an exceptional or discretionary remedy. Economic analysis of law, with a consequential approach, shows an optimal mechanism of contractual remedies to give higher priority to one of them in accordance with the conditions of that assumption. However, economic analysis has another important function and shows legal systems with similar goals. They usually applied different ways to achieve these goals. Thus, effectiveness and convergence can be considered as two important results of economic analysis. This research emphasizing on specific performance argues the advantages of specific performance compared with the compensation to offers suggestions for the legal systems.

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APA: Copy

AMINI, MANSOUR, & Shokuhyan, Seyed Alireza. (2019). ECONOMIC ANALYSIS OF REMEDIES FOR BREACH OF OBLIGATION, SPECIFIC PERFORMANCE. PRIVATE LAW STUDIES, 49(1 ), 17-33. SID. https://sid.ir/paper/124688/en

Vancouver: Copy

AMINI MANSOUR, Shokuhyan Seyed Alireza. ECONOMIC ANALYSIS OF REMEDIES FOR BREACH OF OBLIGATION, SPECIFIC PERFORMANCE. PRIVATE LAW STUDIES[Internet]. 2019;49(1 ):17-33. Available from: https://sid.ir/paper/124688/en

IEEE: Copy

MANSOUR AMINI, and Seyed Alireza Shokuhyan, “ECONOMIC ANALYSIS OF REMEDIES FOR BREACH OF OBLIGATION, SPECIFIC PERFORMANCE,” PRIVATE LAW STUDIES, vol. 49, no. 1 , pp. 17–33, 2019, [Online]. Available: https://sid.ir/paper/124688/en

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