Claiming the Damages of Non-Performance of Obligations following the Termination of the Contract

Document Type : Research Paper

Authors

1 University of Tehran

2 Associate Professor of Tehran University, Tehran, Iran

3 Associate Professor of Shahid Beheshti University, Tehran, Iran

Abstract

The efficiency is, undoubtedly, the one of most importance in the contractual liability systems which, at least in terms of theoretical view, depends on various elements. Despite the types of breach of obligations and the essentials for the institution of contractual liability, the focus of this article is on the institution of damages while the damages resulting from non-performance of contracts are contemplated not the damages in lieu of delayed or partial performances. In Iranian legal system, same as the English system and the international legal instruments, a solution shall also be quested for the possibility of claiming the entire damages resulted by the breach and supporting the Full Compensation Rule. Having done so, the notion which was attempted to be expounded in this article deals with separation of the consequences of termination, as a remedy for breach, from those of damages or claiming the damages ensuing the termination so as the concept of damages in Iranian doctrine be expanded.

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References

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