Validity and time of contractual obligations arising from compensation in Iran and British Law

AutorAli Asghar Kargar - Mozafar Bashokouh - Mansour Eshghpour
CargoM.A student, Department of Law, Germi Branch, Islamic Azad University, Germi, Iran - Assistant Professor, Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran. Corresponding Author Email: m.bashokouh39@gmail.com. - University Instructor, Department of Law, Germi Branch, Islamic Azad University, Germi, Iran.
Páginas358-387
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 03 - Ano 2019
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
358
VALIDITY AND TIME OF CONTRACTUAL OBLIGATIONS
ARISING FROM COMPENSATION IN IRAN AND BRITISH LAW
Ali Asghar Kargar
1
Mozafar Bashokouh
2
Mansour Eshghpour
3
Abstract: Three ways to enforce the
same obligation are to terminate and pay
damages in respect of the guarantee of
contravening contractual obligations in
common legal systems, although the
primacy of these compensatory methods
varies from one to another in each
system. In England, four types of
damages are foreseen for breach of
contractual obligations: compensatory or
remedial damages, recovery or
restitution, nominal damages, and
punitive damages. Recovery damage is
assessed with two predicted damages
and repossessing damages. The moral
damage is also in the category of
compensatory damages, but it has its
own rules. In Iranian law, the law
expresses some conditions, barriers, and
forms of damages. Items such as loss,
existence of causality, certainty,
predictability, and directness as other
1
M.A student, Department of Law, Germi Branch, Islamic Azad University, Germi, Iran
2
Assistant Professor, Department of Law, Ardabil Branch, Islamic Azad University, Ardabil,
Iran. *Corresponding Author Email: m.bashokouh39@gmail.com.
3
University Instructor, Department of Law, Germi Branch, Islamic Azad University, Germi, Iran.
conditions involved in creating the right
to claim damages are raised by legal
theory. Applied issues such as the
compensation criteria are also not a
specific place in the legal system of Iran.
Limitations on damages, including
unlikeness, discounting theory, the
involvement of the injured party in
Cairo's rights in England, have been
developed to identify each of the criteria
and criteria for evaluation; in the Iranian
legal system, Cairo's power is explicitly
stated in the law. And other cases have
been raised more and more in legal
theory. The incomplete and
disproportionate expression of the rules
governing the compensation of Iranian
law as well as the necessity of achieving
a comprehensive military system in this
regard, taking advantage of the
theoretical and practical experience of
the English law, is an essential
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 03 - Ano 2019
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
359
requirement for the present study.
Keywords: Compensation, Contract
Violation, Compensatory Damage,
Expected Damage, Retirement Damage
Introduction
Commitment is a legal
relationship whereby a person is required
to transfer and surrender property or
work or refrain from doing anything else.
In contractual obligations, the rule of
will is accepted as a principle and is
based on the legal obligations of the
basis of the obligation, rule of law, and
"misplacedness". The impossibility of
fulfilling the obligation may be due to
the law, and if the impossibility of
implementation is temporary or exists
between the commitment and execution
time and then resolved, it will not lead to
the cessation of the commitment.
Ensuring commitment to fulfill
obligations is one of the factors
convincing individuals to conclude a
contract because, according to the
wisdom and rationale of the intellect, the
person who does not trust the adherence
to the commitment to the contract does
not conclude a contract. Even in the
assumption of doubt, the wisdom rules
that when it concludes a contract, it is
committed to comply with the
obligations of the contract of guarantee.
The contract is a credit that is
created on the will of both parties. This
has led to an analysis of this
phenomenon not so easy. Because the
creative will of the parties is not the only
source of analysis of the contract, there
are also requirements for lawmakers and
legal principles that indicate the
conditions for the validation of legal
practice. There is no doubt that the
custom in regulating legal relations is not
dependent on the analysis of lawyers and
is based on his own needs. Accordingly,
the study of the role of the committed
person in the validity and execution of
the contract is not a forbearance and it
usually happens. Therefore, it was
necessary to evaluate its nature and
validity by analyzing what happens in
the custom and its application to the
principles and rules of law.
One of the main conditions that
the legislator has for the parties to the
contract and the subject of discussion in
this study is the ability to commit this
feature both during the stage of
contracting and in the implementation
phase, and maybe in the absence of the

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