ARSH (REDUCTION OF PRICE) AND ITS CONNECTION WITH COMPENSATION OF DAMAGES

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RANJBAR SAHRAEI MASOUD REZA

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Journal: Legal Research Year:2009 | Volume:- | Issue:SUPPLEMENT 1 Page(s): 395-446

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Title

ARSH (REDUCTION OF PRICE) AND ITS CONNECTION WITH COMPENSATION OF DAMAGES

Author(s)

RANJBAR SAHRAEI MASOUD REZA | Issue Writer Certificate

Keywords

ARSHQ2

REDUCTION OF PRICEQ3

DAMAGESQ2

RESTITUTIONQ2

COMMON LAWQ2

INTERNATIONAL CONVENTION OF SALE OF GOODSQ3

Abstract

ARSH and compensation of DAMAGES are monetary remedies for not doing of obligation. The question is what connection there is between these two remedies. Remedies are in two categories: remedies for failure to perform an obligation, and remedies for breach of contract. What category REDUCTION OF PRICE belongs to?ARSH In quotation of holly Imams is a kind of contractual responsibility for defect of goods and it is determined by subtraction of the price of defective good from the price of non-defective good. But, recent jurisprudents have invented a formula in which a portion of price is returned, they have tried to find the part of the price that is consideration of quantity and quality that is not obtained. Such price Reduction had been also in Roman law and has entered in the French and German's law.But, this remedy with this specification is not recognized in Common- Law.In the process of development of the international conventions about contract law important discussions about this remedy and connection with contractual responsibility was brought up. Consequently, REDUCTION OF PRICE was recognized as common remedy for failure of performance of contract and breach of contract. In this documents REDUCTION OF PRICE is for quantitative or qualitative non-conformity of goods with terms of contract. In excused non-performance, aim of price reduction is to prevent unjust enrichment of obligor with respect to consideration of obligation that has not been performed. But, when there is breach of contract the aim of all remedies is placement of the obligee in the position that he could have had if contract was correctly performed. Since, in most cases REDUCTION OF PRICE alone dose not achieve this aim, it is possible to claim the remainder of DAMAGES. The theoretical unsolved problem is the Revue de Recherche Juridique, numero special (1) special cases where REDUCTION OF PRICE causes the obligee to be in a better position of complying with the contract.

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APA: Copy

RANJBAR SAHRAEI, MASOUD REZA. (2009). ARSH (REDUCTION OF PRICE) AND ITS CONNECTION WITH COMPENSATION OF DAMAGES. REVUE DE RECHERCHE JURIDIQUE, -(SUPPLEMENT 1), 395-446. SID. https://sid.ir/paper/91877/en

Vancouver: Copy

RANJBAR SAHRAEI MASOUD REZA. ARSH (REDUCTION OF PRICE) AND ITS CONNECTION WITH COMPENSATION OF DAMAGES. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2009;-(SUPPLEMENT 1):395-446. Available from: https://sid.ir/paper/91877/en

IEEE: Copy

MASOUD REZA RANJBAR SAHRAEI, “ARSH (REDUCTION OF PRICE) AND ITS CONNECTION WITH COMPENSATION OF DAMAGES,” REVUE DE RECHERCHE JURIDIQUE, vol. -, no. SUPPLEMENT 1, pp. 395–446, 2009, [Online]. Available: https://sid.ir/paper/91877/en

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