ANALYSIS OF THE REMEDIES OF CONFLICTING CONTRACT

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BARIKLOU ALI REZA

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Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2019 | Volume:48 | Issue:4 Page(s): 587-606

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Information Journal Paper

Title

ANALYSIS OF THE REMEDIES OF CONFLICTING CONTRACT

Author(s)

BARIKLOU ALI REZA | Issue Writer Certificate

Keywords

Illegitimate interestsQ1

Expected benefitsQ1

Principle of the sanctity of propertyQ1

Principle of deceptionQ1

Liability resulting from conflict confessionQ1

Abstract

One of the legal solutions to prevent conclusion of conflicting contract is using proper remedies, because the appropriate compensations can play a role that, in one hand, the contractual interest of the innocent party should be protected and on the other hand, the wrongdoer party, could not benefit from Illegitimate interests. In this article, the remedies available to the innocent party of invalid conflicting contract is examined under the Islamic and Iranian contract law. It is proven that the rules of contractual responsibility cover the loss of invalid contract, when the cause of invalidity is attributable to the one party of the contract. Secondly, the wrongdoer party of invalid conflicting contract may be deprived of obtaining Illegitimate interests according to the Principle of the sanctity of property. Thus, the contractual Expected benefits of innocent party could be compensated and protected according to the rules such as the Principle of deception, the liability resulting from the conflict confession, the principle of guarantee of damage and the liability arising bilateral contract.

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APA: Copy

BARIKLOU, ALI REZA. (2019). ANALYSIS OF THE REMEDIES OF CONFLICTING CONTRACT. PRIVATE LAW STUDIES, 48(4 ), 587-606. SID. https://sid.ir/paper/124711/en

Vancouver: Copy

BARIKLOU ALI REZA. ANALYSIS OF THE REMEDIES OF CONFLICTING CONTRACT. PRIVATE LAW STUDIES[Internet]. 2019;48(4 ):587-606. Available from: https://sid.ir/paper/124711/en

IEEE: Copy

ALI REZA BARIKLOU, “ANALYSIS OF THE REMEDIES OF CONFLICTING CONTRACT,” PRIVATE LAW STUDIES, vol. 48, no. 4 , pp. 587–606, 2019, [Online]. Available: https://sid.ir/paper/124711/en

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