Combination of Main Sanctions for Nonperformance of Contract in Emameih Fiqh, Iran and English Law

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NOURANI MOGHADDAM SEYYED YOUNES; HAJI AZIZI BIJAN; eivazi MOHAMMAD JAVAD

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Journal: MAJLIS & RAHBORD Year:2018 | Volume:24 | Issue:92 Page(s): 337-362

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Information Journal Paper

Title

Combination of Main Sanctions for Nonperformance of Contract in Emameih Fiqh, Iran and English Law

Author(s)

NOURANI MOGHADDAM SEYYED YOUNES | HAJI AZIZI BIJAN | eivazi MOHAMMAD JAVAD | Issue Writer Certificate

Keywords

SanctionQ2

NonperformanceQ2

CombinationQ1

Contractual ResponsibilityQ1

TerminationQ2

Specific PerformanceQ1

Abstract

Performance the exact undertaking, Contractual Responsibility and the right to terminate are the main tools that legal systems have provided when violation of performance of contractual obligations to protect the rights of the contractual creditor and compensation for Nonperformance of contract effects. These tools in English law are called remedies for breach of contract and in Iranian law called Sanctions for Nonperformance of contract that creditor may apply for them individually or cumulatively. The ability to cumulate Sanctions is not expressly mentioned in Emameih Fiqh and Iranian law and it is rejected in section 2 of Iranian Protection of Consumers Rights Act 2009, but in other legal systems, especially English law subject to compatibility and not resulting in double recovery is explicitly accepted. This can be justified according to Iranian legal & figh basis & section 386 of the Civil Code and sections 6 and 8 of Pre-Sale Building Act 2011.

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APA: Copy

NOURANI MOGHADDAM, SEYYED YOUNES, HAJI AZIZI, BIJAN, & eivazi, MOHAMMAD JAVAD. (2018). Combination of Main Sanctions for Nonperformance of Contract in Emameih Fiqh, Iran and English Law. MAJLIS & RAHBORD, 24(92 ), 337-362. SID. https://sid.ir/paper/224758/en

Vancouver: Copy

NOURANI MOGHADDAM SEYYED YOUNES, HAJI AZIZI BIJAN, eivazi MOHAMMAD JAVAD. Combination of Main Sanctions for Nonperformance of Contract in Emameih Fiqh, Iran and English Law. MAJLIS & RAHBORD[Internet]. 2018;24(92 ):337-362. Available from: https://sid.ir/paper/224758/en

IEEE: Copy

SEYYED YOUNES NOURANI MOGHADDAM, BIJAN HAJI AZIZI, and MOHAMMAD JAVAD eivazi, “Combination of Main Sanctions for Nonperformance of Contract in Emameih Fiqh, Iran and English Law,” MAJLIS & RAHBORD, vol. 24, no. 92 , pp. 337–362, 2018, [Online]. Available: https://sid.ir/paper/224758/en

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