Damages for Breach of Contract in German Legal System with a review on Iranian Law

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.

HOSSEINI MINA

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

Journal Paper

Paper Information

Journal: Modern Technologies Law Year:2020 | Volume:1 | Issue:1 Page(s): 135-165

Download Full-Text

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

Persian Verion

View:

1,147

Download:

Cites:

Information Journal Paper

Title

Damages for Breach of Contract in German Legal System with a review on Iranian Law

Author(s)

HOSSEINI MINA | Issue Writer Certificate

Keywords

Contractual damages

breach of contract

German Law

Iran Law

Abstract

Remedies for breach of contractual obligations are among the most critical areas of contract law in every legal system. In German contract law, the right to receive specific performance is the first obligation of the debtor. If a debtor fails to do this obligation, the creditor has the right to claim compensation for the loss. Reviewing the conditions for a claim for damages shows that the notion of fault is still essential in the new German Civil Code. Causation and the predictability of loss, are some other notable rules for a claim for damages. The possibility of a claim for different Contractual damages categorized by nature in this study includes damage to property, personal injury, consequential damages, expectation interests, reliance interests, the loss of opportunity, and the moral damages. The classification of Damages by cause includes Damages in lieu of performance, damages for delay in performance, and the simple damages that have great importance in the new German Civil Code. In this article, the claim for Contractual damages and different types of damages also has been taking into account from the German legal precedent viewpoint. Since the use of legislative and judicial experience of the German legal system can identify gaps in the Iranian contract law, in various sections of the article, the comparison of these two legal systems has been considered in an analytical-descriptive manner.

Cites

No record.

References

No record.

Cite

APA: Copy

HOSSEINI, MINA. (2020). Damages for Breach of Contract in German Legal System with a review on Iranian Law. MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), 1(1 ), 135-165. SID. https://sid.ir/paper/374181/en

Vancouver: Copy

HOSSEINI MINA. Damages for Breach of Contract in German Legal System with a review on Iranian Law. MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW)[Internet]. 2020;1(1 ):135-165. Available from: https://sid.ir/paper/374181/en

IEEE: Copy

MINA HOSSEINI, “Damages for Breach of Contract in German Legal System with a review on Iranian Law,” MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), vol. 1, no. 1 , pp. 135–165, 2020, [Online]. Available: https://sid.ir/paper/374181/en

Related Journal Papers