The ability to claim disgorgement in contract in United States law and its status in Iranian law

Document Type : Research Paper

Authors

1 phd student university of shiraz and lawyer

2 professor at shiraz university

Abstract

breach of contracts and damages which violate the violation is one of the most important issues in the implementation of contracts. One of the cases is the violation of a breach that violates the first contract on the side of the payment of the damages and gives the second contract a type of opportunism or opportunism. the main issue of this paper is investigating the nature and principles of \" restitution of the interests caused by disgorgment in the rights of the united states and investigating its possible bases in iranian law and shiite jurisprudence as well as its effect on the commitment to contracts and to prevent effective contract violations. The article shows how the American justice policy is intended to prevent opportunism with the aim of preventing breach of obligations, which is alleged to be in compliance with the other three methods of compensation for damages in markets with stable fluctuations and economies that have underlying inflation. basics explain this method: ethics, efficiency, corrective justice, and unjust theory. as stated in iranian law and imami jurisprudence, it is questionable to rely on the theory of having an unfair ownership, but it can be confirmed by citing the rule of rejection of system disorders in certain conditions.

Keywords

References

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