CUMULATIVENESS OF CONTRACTUAL REMEDIES IN ISLAMIC AND IRANIAN LAW AND IN THE RELEVANT INTERNATIONAL INSTRUMENTS

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

PARSA POR MOHAMMAD BAGHER; HOSSEINI SEYED MILAD; SHAHI AHAD

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2015 | Volume:2 | Issue:1 Page(s): 1-28

Download Full-Text

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion

View:

4,210

Download:

Cites:

Information Journal Paper

Title

CUMULATIVENESS OF CONTRACTUAL REMEDIES IN ISLAMIC AND IRANIAN LAW AND IN THE RELEVANT INTERNATIONAL INSTRUMENTS

Author(s)

PARSA POR MOHAMMAD BAGHER | HOSSEINI SEYED MILAD | SHAHI AHAD | Issue Writer Certificate

Keywords

BREACH OF OBLIGATIONQ2

CONTRACTUAL REMEDIESQ2

ENFORCING SPECIFIC PERFORMANCEQ2

RESCISSIONQ1

CLAIMING COMPENSATIONQ2

CUMULATIVENESSQ2

Abstract

There are different methods of compensating the promisee for the BREACH OF OBLIGATION under the Shiite Jurisprudence, the Iranian Law, and some important international commercial mechanisms. These should be distinguished from preventive measures for avoiding obligation breach. The remedies stated in the Iranian Legal System and also the mechanisms mentioned above could regularly be categorized as “common remedies” and “special remedies.’ By common remedies one means those that have been set forth in the international mechanisms and the Iranian Law, such as requiring specific performance of an obligation. On the other hand, special remedies are those that have been laid down explicitly by international mechanisms and have not yet been incorporated into the Iranian Legal System, for instance the reduction in the price of goods. In addition, in some cases, several remedies arise as a result of the breach of contractual obligation which, regardless of their legal or contractual origin, some consistent ones could be implemented simultaneously. A majority of important international mechanisms such as the Convention on International Sale of Goods, the Principles of European Contract Law and still some others, have explicitly recognized the general rule of the CUMULATIVENESS of remedies for promisees. These are different from their Iranian counterparts. However, the approaches taken by the above mechanisms are not turned down by the Iranian Civil Code, as their content could be inferred from the wholeness and integrity of the mentioned law. The convincing reason here would lead us to agree with the cumulative remedies as the following in the Iranian legal system: the right to claim payment for delay in contract performance with the right to rescind the contract or the right to specific performance and also the cumulation of the right to claim non-performance compensation with the right to rescind the contract.

Cites

No record.

References

No record.

Cite

APA: Copy

PARSA POR, MOHAMMAD BAGHER, HOSSEINI, SEYED MILAD, & SHAHI, AHAD. (2015). CUMULATIVENESS OF CONTRACTUAL REMEDIES IN ISLAMIC AND IRANIAN LAW AND IN THE RELEVANT INTERNATIONAL INSTRUMENTS. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 2(1), 1-28. SID. https://sid.ir/paper/262140/en

Vancouver: Copy

PARSA POR MOHAMMAD BAGHER, HOSSEINI SEYED MILAD, SHAHI AHAD. CUMULATIVENESS OF CONTRACTUAL REMEDIES IN ISLAMIC AND IRANIAN LAW AND IN THE RELEVANT INTERNATIONAL INSTRUMENTS. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2015;2(1):1-28. Available from: https://sid.ir/paper/262140/en

IEEE: Copy

MOHAMMAD BAGHER PARSA POR, SEYED MILAD HOSSEINI, and AHAD SHAHI, “CUMULATIVENESS OF CONTRACTUAL REMEDIES IN ISLAMIC AND IRANIAN LAW AND IN THE RELEVANT INTERNATIONAL INSTRUMENTS,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 2, no. 1, pp. 1–28, 2015, [Online]. Available: https://sid.ir/paper/262140/en

Related Journal Papers