POSSIBILITY OF FULL COMPENSATION FOR DAMAGES: A COMPARATIVE ASSESSMENT UNDER THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS

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VATANI AMIR; ZAMANI SEYED GHASEM; ZANGANEH SHAHRAKI JAFAR

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Journal: PRIVATE LAW Year:2015 | Volume:4 | Issue:12 Page(s): 131-165

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Title

POSSIBILITY OF FULL COMPENSATION FOR DAMAGES: A COMPARATIVE ASSESSMENT UNDER THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS

Author(s)

VATANI AMIR | ZAMANI SEYED GHASEM | ZANGANEH SHAHRAKI JAFAR | Issue Writer Certificate

Keywords

BREACH OF CONTRACTUAL OBLIGATIONSQ1

FULL COMPENSATIONQ2

LOSS OF PROFITQ2

PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTSQ2

CONVENTION ON THE INTERNATIONAL SALE OF GOODS1980Q2

Abstract

Compensation for damages arising from a BREACH OF CONTRACTUAL OBLIGATIONS should place the injured party in the position he would have been in had the contract not been breached. By accepting the idea of FULL COMPENSATION, the UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS as well as the Convention on Contracts for the International Sale of Goods (1980), judicial precedents, and international arbitration awards have recognised this approach. Despite the recognition of the principle of compensation, this theory is subject to controversy in Iranian law, particularly in the event of damages caused by the loss of anticipatory benefits. From justice and economic efficiency perspectives and for the sake of adapting Iranian commercial rules with ones reflected in international trade instruments, and for considering the affirmative religious jurisprudential principles, it is recommended that effective steps should be taken towards the removal of all existing legal barriers in Iranian law.

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APA: Copy

VATANI, AMIR, ZAMANI, SEYED GHASEM, & ZANGANEH SHAHRAKI, JAFAR. (2015). POSSIBILITY OF FULL COMPENSATION FOR DAMAGES: A COMPARATIVE ASSESSMENT UNDER THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. PRIVATE LAW, 4(12 ), 131-165. SID. https://sid.ir/paper/252703/en

Vancouver: Copy

VATANI AMIR, ZAMANI SEYED GHASEM, ZANGANEH SHAHRAKI JAFAR. POSSIBILITY OF FULL COMPENSATION FOR DAMAGES: A COMPARATIVE ASSESSMENT UNDER THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. PRIVATE LAW[Internet]. 2015;4(12 ):131-165. Available from: https://sid.ir/paper/252703/en

IEEE: Copy

AMIR VATANI, SEYED GHASEM ZAMANI, and JAFAR ZANGANEH SHAHRAKI, “POSSIBILITY OF FULL COMPENSATION FOR DAMAGES: A COMPARATIVE ASSESSMENT UNDER THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS,” PRIVATE LAW, vol. 4, no. 12 , pp. 131–165, 2015, [Online]. Available: https://sid.ir/paper/252703/en

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