The Analysis of «Expectation Interest» as a Criterion for Assessing Contractual Damages; The Comparison of Modern European Contract Law and Iranian Law

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Attari Nazanin Zahra; GHANAVATI JALIL; Ghasemi Ahd Vahid

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Journal: Comparative Law Researches Year:2019 | Volume:23 | Issue:1 (103) Page(s): 101-131

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Title

The Analysis of «Expectation Interest» as a Criterion for Assessing Contractual Damages; The Comparison of Modern European Contract Law and Iranian Law

Author(s)

Attari Nazanin Zahra | GHANAVATI JALIL | Ghasemi Ahd Vahid | Issue Writer Certificate

Keywords

Expectation interestQ1

Breach of contractQ1

Redemy EfficientQ2

Damages AssessingQ1

Abstract

Expectation interest with the approach of the motivation support of parties from conclusion of the agreement is accepted as the most efficient criterion for assessing contractual damages in Common European Sales Law, Draft Common Frame of Reference and Principles of European Law. Expectation interest means to put the contractual injured party in the position if the contract had been performed. This theory, not only has its particular bases and principles, but also can be justified through the principles governing contractual remedies such as the principle selection freedom of the efficient remedies. Theoretically the principles such as the Transactional nature of the contract, contract as a property and consistency with the theory of efficient breach necessity of playing equal to the rate at the payment the full compensation principle can be cited. Although this criterion has faced some challenges in Iranian law according to article 515 of the civil procedure law, but assessing damages based on this criteria according to the effect that can have on the motivation of parties regarding conclusion of the agreement, optimal allocation of resources, reaching to the contractual objective has particular efficiency. So the current article studies on feasibility of acceptance in Iranian law with the efficiency analysis of this criteria and its relation with particular efficiency.

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APA: Copy

Attari, Nazanin Zahra, GHANAVATI, JALIL, & Ghasemi Ahd, Vahid. (2019). The Analysis of «Expectation Interest» as a Criterion for Assessing Contractual Damages; The Comparison of Modern European Contract Law and Iranian Law. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 23(1 (103) ), 101-131. SID. https://sid.ir/paper/362570/en

Vancouver: Copy

Attari Nazanin Zahra, GHANAVATI JALIL, Ghasemi Ahd Vahid. The Analysis of «Expectation Interest» as a Criterion for Assessing Contractual Damages; The Comparison of Modern European Contract Law and Iranian Law. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2019;23(1 (103) ):101-131. Available from: https://sid.ir/paper/362570/en

IEEE: Copy

Nazanin Zahra Attari, JALIL GHANAVATI, and Vahid Ghasemi Ahd, “The Analysis of «Expectation Interest» as a Criterion for Assessing Contractual Damages; The Comparison of Modern European Contract Law and Iranian Law,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 23, no. 1 (103) , pp. 101–131, 2019, [Online]. Available: https://sid.ir/paper/362570/en

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