Since 2014
A Comparative Study of the Legal Status and the Effects of Predetermining Contractual Damages in the Law of Iran and England
Entrepreneurship and Innovation Management Journal
View Archive Info| Field | Value | |
| Title |
A Comparative Study of the Legal Status and the Effects of Predetermining Contractual Damages in the Law of Iran and England
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| Creator |
Malmir, Mohammad
Ranjbarn, Reza Zadeh, Rahim Vakil |
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| Subject |
Contract, losses, prediction, provision, Iran's law, England's law
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| Description |
When an individual is committed to do something, its implementation is his legal, social and ethical responsibility. This is admired in all societies and its violation is considered as an anti-social act. Commitments and contracts which are signed by two parties are only valuable when their efficiency and performance is guaranteed. Respecting the financial contract that people sign on their own will is regarded as an accepted principle in the rights of Iran and England. Therefore, most countries have predicted in their principles some performance guarantees; those principles mainly support financial bases of contracts. In Iran's laws also, in order to compensate for losses caused by infringement, different ways are anticipated the most important of which is explicit determination of losses in the time of signing the main contract or before the losses occur. Predetermining the losses of a contract can be usually used as conditions of contractual stipulation; this agreement can only be justified by the principle of will dominance. This study aims at investigating the principle of freedom of making contracts which is an acceptance principle that allows signing such contracts; also, the main position of conditions for prediction of contractual losses and its nature will be more apparent in comparison with similar cases; its value range is investigated in Iran and England legal systems, too.
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| Publisher |
Academy of Business & Scientific Research
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| Contributor |
—
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| Date |
2014-08-01
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| Type |
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion Peer-reviewed Article |
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| Format |
application/pdf
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| Identifier |
http://absronline.org/journals/index.php/eimj/article/view/263
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| Source |
Entrepreneurship and Innovation Management Journal; Vol 2, No 3 (2014): August; 178-186
2311-1836 2310-00079 |
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| Language |
eng
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| Relation |
http://absronline.org/journals/index.php/eimj/article/view/263/284
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| Rights |
Copyright (c) 2014 Entrepreneurship and Innovation Management Journal
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