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Issue Info: 
  • Year: 

    2022
  • Volume: 

    45
  • Issue: 

    1
  • Pages: 

    65-84
Measures: 
  • Citations: 

    0
  • Views: 

    215
  • Downloads: 

    75
Abstract: 

Accurate prediction of dam Breach parameters in embankment dams is an essential step in the risk management plan. Overtopping and piping are the leading causes of embankment failure in the world. The failure of this type of dam is typically proposed by hydrological and hydraulic computational models of the dam (Wahl, 1998). The relationships for assessing the Breach and flow characteristics are generally obtained by artificial intelligence and regression analysis from case studies of historical dam failure. These models relate the input parameters such as the dam height (Hw) and the flow volume through the Breach (Vw) to the observed Breach parameters resulting from the actual failures. Several relationships have been proposed to calculate Qp as a function of Hw and Vw (De Lorenzo & Macchione, 2014; Hagen, 1982; Kirkpatrick, 1977; Singh & Snorrason, 1984; Hakimzadeh et al., 2014). Downstream sediment transport studies show that Breach geometry directly affects the output hydrograph. Investigations on historical records for Qp determination show that Hw and Vw could provide more accurate results than El and Ew. Moreover, the combination of these parameters significantly increases computational accuracy (Thornton et al., 2011; Wang et al., 2018). Several laboratory and field studies have been performed to investigate the hydraulic properties of the Breach and the output hydrograph in overtopping failure cases (Dhiman & Patra, 2017; Sadeghi et al., 2020; Vaskinn et al., 2004). Determination of the average Breach width (Bave) is an essential factor in determining progressive erosion (Von Thun & Gillette, 1990; Froehlich, 1995) as well as the height of Breach (Hb). The range of variation in Bave as a function of the dam height (Hd) is an important issue in the Breach lateral evolution process (Johnson & Illes, 1976; Singh & Snorrason, 1984).

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    26
  • Pages: 

    135-161
Measures: 
  • Citations: 

    0
  • Views: 

    1365
  • Downloads: 

    0
Abstract: 

Breach of contract may occur by the fault of party in Breach. There is a variety of degrees in contractual fault and the highest degree of fault is intentional one. The Breach of contract is considered to be intentional when the party in Breach calculates the financial costs and benefits of the Breach and then decides not to perform his/her contractual obligations. The notion of intentional Breach and its consequences are recognized in common law and civil law and also in some European instruments such as PECL and DCFR. The intentionality of Breach is considered to be relevant in above jurisdictions and instruments. For example, in the case of intentional Breach, common law courts allowed the specific performance. They sometimes refused to mitigate the amount of penalty clauses and to recognize the exemption clauses in favor of the Breaching party. Also, in civil law jurisdictions the intentional Breach works as an allowance for unforeseeable damages. The hypothesis of this contribution is that in the case of intentional Breach, courts must take a stricter approach than the usual Breach and they should seek to improve the position of the creditor in terms of accessing to contractual remedies.

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Author(s): 

RAHIMI H.

Issue Info: 
  • Year: 

    2006
  • Volume: 

    7
  • Issue: 

    15-16 (SPECIAL OF LAW)
  • Pages: 

    115-144
Measures: 
  • Citations: 

    2
  • Views: 

    1826
  • Downloads: 

    0
Abstract: 

One of the interesting subjects in the United Nations Convention on International Sale of Goods- 1980 (CISG), is the issue of anticipatory Breach of contract. According to this theory, if after the conclusion of a contract it becomes appear that one of the parties may not fulfill a substantial part of his obligations, or a fundamental Breach of the contract may occur from his part, then the other party is entitled to suspend performance of his obligations, or to terminate the contract.This paper will deal with the question of suspension or cancellation of a contract due to an anticipatory Breach in CISG, English law, and the U.S. law. Then compatibility of the Iranian law, as it is standing now, with this theory shall be examined.

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Issue Info: 
  • Year: 

    2008
  • Volume: 

    39
  • Issue: 

    1
  • Pages: 

    1-13
Measures: 
  • Citations: 

    0
  • Views: 

    1264
  • Downloads: 

    0
Abstract: 

Numerous models have been developed in the past decades to explain the complicated earth dams' berach phenomena. These have included physical as well as mathematical and computer models. Among the more widely used dam Breach computer models over decades is the Breach model. It is based upon erosion and soil mechanics equations, hydraulic and sediment transport laws. The difficulty in gathering data motivates one to use other powerful methods. In this study a new method has been developed for prediction of peak Breach outflow and Breach time through Artificial Neural Networks (ANNs). Toward this end, synthetic Breach parameters of about 115 dams were developed by Breach model, and then employed to train and test the neural networks. The performance of the network model is investigated through a change of input parameters. A most efficient and global model for assessing a dam Breach potential is presented. Later, the most significant input parameters affecting dam Breach are investigated. Best results were found with back propagation neural network using multiple hidden layers. The most compatible structure for Breach outflow prediction possesses the correlation coefficients of 0.992 and 0.909 for training and testing, respectively. As for Breach time, a structure was obtained with the correlation coefficients of 0.993 and 0.884 for training and testing, respectively. A forecast study was performed for the case of Mollasadra Dam. Comparisons between the artificial neural network results and dam Breach model were made, the results indicating that neural networks are appropriate for predicting dam Breach parameters.

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Author(s): 

Fallah Yakhdani Mohammad Hossein | TAGHI ZADEH IBRAHIM | SARBAZIAN MAJID | Heidari Monavvar Hossein | Najafi Azaheh

Journal: 

Issue Info: 
  • Year: 

    2019
  • Volume: 

    51
  • Issue: 

    3 (118)
  • Pages: 

    115-135
Measures: 
  • Citations: 

    0
  • Views: 

    338
  • Downloads: 

    0
Abstract: 

In the law of international contracts, the suspension right remedy due to the anticipatory Breach of contract has been accepted based on multiple foundations. Under this right, the creditor who, before the due date of fulfillment of obligation has, reasonably, concluded that the debtor, for any reason, would not perform their obligation, has the option to suspend his obligation according to the objective aspects criterion and after considering all surrounding circumstances of the case. In this paper, through a comparative approach in the Vienna Convention, its jurisprudential and Usuli feasibility in Islamic law will be studied and while presenting the suggested bases, by resorting to the rule of existence premise (moghaddameh vojoudieh) and the rules and issues originated from it such as rational, subordinate and annihilatory premises (moghaddameh mofavveteh), the main discussed issue (execution of the right to suspend in anticipatory Breach) and the disputed actual Breach may be proven so that the status of this remedy is established and strengthened in the Iranian Civil Code.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2011
  • Volume: 

    41
  • Issue: 

    3
  • Pages: 

    137-154
Measures: 
  • Citations: 

    0
  • Views: 

    1293
  • Downloads: 

    0
Abstract: 

Knowing of formation of a legal rule is an efficient way to recognizing and assessing of that rule. Anticipatory Breach doctrine became apparent in Common Law when the court in Hochster versus De La Tour case (1980), hold that a party could Breach an executor contract prior to the performance date and injured party entitle to sue at once. Before it, courts had made a negative answer to this matter and expressly had denied it. Courts argument was that it is impossible to make a sentence before having a subject. But, refusing to accept repudiation, with certainty of future beach, would mean the waste of economic opportunities and remaining parties idle and delayed.

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Author(s): 

KAMYAR MARYAM

Issue Info: 
  • Year: 

    2021
  • Volume: 

    21
  • Issue: 

    5
  • Pages: 

    283-299
Measures: 
  • Citations: 

    0
  • Views: 

    658
  • Downloads: 

    0
Abstract: 

A Study of geometry in Islamic Architecture by Professor Golroo Najibaaghlou is a valuable work in the field of Islamic architecture. This book has a detailed preface, a brief introduction, and five main sections. As it is known from the introduction of the book, this book was originally written for a non-Iranian audience. The first purpose of writing this book is to try to moderate public belief about geometry and the stages of compilation and discussion in Islamic architecture. Another purpose is to correct the negative view of the geometric documentation of Islamic architecture in the West, because such a view has created a kind of reluctance to equate the works of Islamic architecture with the great works of classical Western architecture. In addition, Najibaaghlou wants to reject and respond to Western criticism that reduces Islamic architecture to the level of an unedited work. In the final chapter of the book, Najibaaghlou looks at the compiled documents of Islamic architecture from a Western perspective and highlights some of the missed points of geometric sciences, including clarifying conceptualization, recording, and transferring architectural design in the Islamic world.

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Author(s): 

JAFARI HASAN

Issue Info: 
  • Year: 

    2017
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    155-174
Measures: 
  • Citations: 

    0
  • Views: 

    9582
  • Downloads: 

    0
Abstract: 

The aim of this study is that the cucumbers Breach of condition in accordance with Article 234 of the Civil Code: "The condition of three types: 1-bet trait, 2-bet a result, positively or negatively verb 3-bet.Condition as the condition of recurrent quality or quantity of the transaction. The result is that the realization of an outside bet, bet Shvd.v current condition of the act is to be provided on one of the dealers or foreign person. So under this Article, the parties to the contract provisions of the contract state that, if the obligations in the contract have been violated, and their commitment to the condition that the contract stated, violated, cucumbers violation of the conditions for the person if he is in favor of a cause that means cucumbers violation of the right to termination condition is caused by the stipulation and consent will.we can say that famous jurists in violation of the act condition that in case of violation and refusal conditional on the fulfillment of the condition, stipulation has the right to force him to do if he wants and if Tzr force of the constitutional against, the stipulation is entitled to terminate the contract. the original Pydakhvahd.

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Author(s): 

ESHRAGHI ARANI MOJTABA

Issue Info: 
  • Year: 

    2014
  • Volume: 

    18
  • Issue: 

    69
  • Pages: 

    59-82
Measures: 
  • Citations: 

    0
  • Views: 

    1033
  • Downloads: 

    0
Abstract: 

The time when Breach of contract is realized, has developed various rules in different legal systems. In some countries, the contract is recognized as being Breached when in addition to the expiration of the obligation term, creditor has claimed the performance thereof. In other countries, it is necessary and also sufficient that the obligation term gets expired. However in other legal systems, prediction of Breach in future makes applicable the sanctions related to a real Breach of contract. In this article with explanation of the meaning of anticipatory Breach and economic analysis thereof in micro and macro levels, the validity of this institution in international and domestic systems are analyzed.

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Author(s): 

Talebahmadi h.

Issue Info: 
  • Year: 

    2014
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    111-146
Measures: 
  • Citations: 

    0
  • Views: 

    4141
  • Downloads: 

    0
Abstract: 

Breach of contract is of two kinds: fundamental and non fundamental. Fundamental Breach not only damages the core of contract but it also deprives the other party of what he is entitled to. Breach of contract can be considered as fundamental when its result is foreseeable for the defaulting party or for a reasonable person in the same circumstance. Such defaults are of great importance in International Commercial Contract law and are mentioned in Vienna Convention on Contracts for the International Sale of Goods,1980, Art. 25. Written statements of the above mentioned Art. is so general that makes it difficult to conform with cases. Therefore various interpretations about the concept of Fundamental Breach of Contract go on and on.

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