Legal Jurisprudential Study of the Types of Claimable Damages in Breach of Contractual Obligations in Accordance with the Latest Amendments to the French Legal System
Subject Areas : All jurisprudential issuesMarzieh Farahati 1 , seyed mohammad sadri 2 , Abbasali Farahati 3
1 - Department of Jurisprudence and Islamic law, Science and Research Branch, Islamic Azad University, Tehran, Iran
2 - Head of the Center for civil Studies / Payame Noor university
Associate Professor of Department of Jurisprudence and Islamic law, Payame Noor University, Tehran, Iran
3 - Assistant professor, Kashan University, Kashan, Iran
Keywords: Injured party, Compensation, Breach of contract, Obligation,
Abstract :
In the Civil Code of the Islamic Republic of Iran, the damages caused by the breach of contract are predicted in Articles 226 to 230. In a legal sense, damage refers to either the incurred loss or the money awarded to compensate for damages, and in jurisprudential texts, it refers to “injuries”. The important point is to find the type of damages that can be recovered. This article focuses on the types and rules of recoverable damages in the breach of contract in jurisprudence and Iranian laws in terms of nature, cause, source, and time of loss occurrence and then they are adapted to French law with respect to its latest amendments. Material damages, moral damages, damages for loss of prospective, collateral damages, late payment damages, past direct or future certain to happen damages as well as delay penalty can be considered as recoverable damages in the breach of contract that are required to be explicitly specified by the legislator. Some of the recoverable damages found in the French legal system in the breach of contract is not predicted in the Iranian legal system, including “damages incurred due to trust” and “damages incurred due to expectation” or the issue of judicial adjustment regarding the “penalty clause”, which has been added to the new law in France, but does not exist in our law and should be added.
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