A REVIEW OF THE AGREED DAMAGES CLAUSE VALIDITY AND ITS RESULTS IN FRANCE, ENGLAND AND IRANIAN LAW

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MAGHSOUDI REZA

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Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2011 | Volume:2 | Issue:2 Page(s): 103-130

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Title

A REVIEW OF THE AGREED DAMAGES CLAUSE VALIDITY AND ITS RESULTS IN FRANCE, ENGLAND AND IRANIAN LAW

Author(s)

MAGHSOUDI REZA | Issue Writer Certificate

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Abstract

Contracting parties agreement for breach of contract remedy is justified under the flag of party autonomy principle. Predictability necessity of contract results and compliance of equation and coherence between mutual obligations restrain states from invasion to contract and its nullity or modification. However revolution movement of different legal systems shows intervention of state to this agreement in the reason of equilibrium establishment in legal relations, fairness necessities and in generally economic public policy.Paradoxical considerations deriving from contractual certainty on the one hand, and observation of fairness and prevention of penal application in civil relations on the other hand, have been transformed modification possibility of agreed damages clause and its separation from other contractual clauses to one of quarrelling issues.

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APA: Copy

MAGHSOUDI, REZA. (2011). A REVIEW OF THE AGREED DAMAGES CLAUSE VALIDITY AND ITS RESULTS IN FRANCE, ENGLAND AND IRANIAN LAW. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 2(2), 103-130. SID. https://sid.ir/paper/246716/en

Vancouver: Copy

MAGHSOUDI REZA. A REVIEW OF THE AGREED DAMAGES CLAUSE VALIDITY AND ITS RESULTS IN FRANCE, ENGLAND AND IRANIAN LAW. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2011;2(2):103-130. Available from: https://sid.ir/paper/246716/en

IEEE: Copy

REZA MAGHSOUDI, “A REVIEW OF THE AGREED DAMAGES CLAUSE VALIDITY AND ITS RESULTS IN FRANCE, ENGLAND AND IRANIAN LAW,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 2, no. 2, pp. 103–130, 2011, [Online]. Available: https://sid.ir/paper/246716/en

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