The meaning and rationales of the expectation interest damage with a view to the comparative law and the Iranian jurisprudence

Document Type : Research Paper

Author

The civil law department of IMPS

Abstract

The expectation interest damage refers to a kind of damage injured to the non-breaching party by obligor’s failure to comply with the contract obligation. The contract performance as a right belongs to the obligee and breaching this right constitutes the expectation interest damage.in the Iranian Law this concept may in substance be considered as loss of profit then uncoverable but it should be noted that they are distinguished because the expectation interest unlike the loss of profit is as definite and actual damage. In the most jurisdiction like Common Law and civil law this damage is recoverable and in the Iranian law there are some rules may imply the coverability of the damage like article 536 of the Civil Act. The purpose of this article is to justify the legal basics of compensation of the expectation damage in the Iranian law, jurisdiction as well as legal doctrines’ in the light of comparative law.

Keywords

References

 
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Journal of Legal Studies
Volume 12, Issue 3 - Serial Number 37
November 2020
Pages 159-190

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