An Analytical Approach to the Possibility of Contract Termination with the Availability of Specific Performance in German and Iranian Law

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Badini Hasan; Forouzan Boroojeni Farnaz

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Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2018 | Volume:10 | Issue:1 (27) Page(s): 37-59

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Title

An Analytical Approach to the Possibility of Contract Termination with the Availability of Specific Performance in German and Iranian Law

Author(s)

Badini Hasan | Forouzan Boroojeni Farnaz | Issue Writer Certificate

Keywords

Breach of ContractQ2

Additional PeriodQ1

Promisee's Reasonable ExpectationsQ1

Specific PerformanceQ1

Termination of ContractQ2

Abstract

There are different various approaches relating to priorities in application of remedies for Breach of Contract. Specific Performance has been given the first priority among other remedies in Iranian legal system. However, under certain circumstances, applying the Specific Performance as the first remedy will not always implement the Promisee's Reasonable Expectations and the promisee may prefer to terminate the contract as the first remedy. Therefore, this article seeks to propose an efficient way for applying contract termination with consideration of valuable principle of "pacta sunt servanda". In this way, since amendment to German legal system relating to the law of obligation in 2001 are significant, so comparative study between two legal systems can lead to remarkable results. This article examines an analytical and comparative approach with focus on how the promisee can terminate a contract with availability of Specific Performance and finally it presents the suggestion for Iranian legal system.

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APA: Copy

Badini, Hasan, & Forouzan Boroojeni, Farnaz. (2018). An Analytical Approach to the Possibility of Contract Termination with the Availability of Specific Performance in German and Iranian Law. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 10(1 (27) ), 37-59. SID. https://sid.ir/paper/223530/en

Vancouver: Copy

Badini Hasan, Forouzan Boroojeni Farnaz. An Analytical Approach to the Possibility of Contract Termination with the Availability of Specific Performance in German and Iranian Law. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2018;10(1 (27) ):37-59. Available from: https://sid.ir/paper/223530/en

IEEE: Copy

Hasan Badini, and Farnaz Forouzan Boroojeni, “An Analytical Approach to the Possibility of Contract Termination with the Availability of Specific Performance in German and Iranian Law,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 10, no. 1 (27) , pp. 37–59, 2018, [Online]. Available: https://sid.ir/paper/223530/en

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