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Information Journal Paper

Title

Investigating the effect of abortion in the subject of contract from the perspective of law and economics

Pages

  61-77

Abstract

 Background and Aim: One of the most important issues that has been less addressed and largely neglected is the effect of extinction in the transaction on the economy with a legal jurisprudential approach; That is, what effect does the abrogation of the option clause have on the Compensation in the transaction, and in the event that one of the parties has abrogated his right of choice, and on what grounds can he receive damages? In the present article, the mentioned subject has been studied. Materials and Methods: This is a descriptive-analytical article using the library method to examine the question in question. Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness have been observed. Results: The findings showed that the abolition of option clause in the transaction from an economic point of view does not necessarily mean non-Compensation and in the light of jurisprudential rules such as the Rule of Prohibition of Detriment and the Rule of Indigestion and Embarrassment and legal principles such as unjustified possession, it can be accepted that despite It is still possible to cancel the right of termination, Compensation. Conclusion: The right of option clause is revoked if it is realized that option clause is only a means of Compensation and with the elimination of loss, the existence of option clause will be useless. For this reason, although the other party eliminates the loss by giving a difference in price, the option clause is not destroyed because the basis of the option clause, in addition to compensating for the loss, is to upset the balance of the exchange price.

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    APA: Copy

    Elmi, Hossein, Fijan, Mohammadbagher, & Salehi, Mohammadmehdi. (2022). Investigating the effect of abortion in the subject of contract from the perspective of law and economics. ECONOMIC JURISPRUDENCE STUDIES, 4(2 ), 61-77. SID. https://sid.ir/paper/953723/en

    Vancouver: Copy

    Elmi Hossein, Fijan Mohammadbagher, Salehi Mohammadmehdi. Investigating the effect of abortion in the subject of contract from the perspective of law and economics. ECONOMIC JURISPRUDENCE STUDIES[Internet]. 2022;4(2 ):61-77. Available from: https://sid.ir/paper/953723/en

    IEEE: Copy

    Hossein Elmi, Mohammadbagher Fijan, and Mohammadmehdi Salehi, “Investigating the effect of abortion in the subject of contract from the perspective of law and economics,” ECONOMIC JURISPRUDENCE STUDIES, vol. 4, no. 2 , pp. 61–77, 2022, [Online]. Available: https://sid.ir/paper/953723/en

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