Breach of Obligation to Provide Information in the Contractual Relations of Iranian-British Law

Subject Areas : Political and International Researches Quarterly

Shahram Ghasemi ¹ , Seyyed Hekmatollah Askari ² , Ranjbar Sahraiey MassoudReza ³

1 - PhD student in private law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
2 - Assistant Professor, Department of Private Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran: Corresponding Author
3 - Assistant Professor, Department of Private Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran

Received: 2022-07-30 Accepted : 2022-07-30 Published : 2022-08-23

Keywords: compensation, Contractual liability, Cooperation in Contracts, Breach of Negative and Positive Obligations,

Abstract :

The parties of a contract are required to express their available information to the other party. What is the legal nature of the obligation to inform, the fulfillment conditions and cases of its violation? The principle of good faith and the necessity of cooperation in contracts and agreements in creating a balance in the knowledge and position of the parties is the basis for the birth of this contractual obligation. The goal is to support the elimination of one-sided ignorance and establish balance and exchange justice. Based on the type of contracts, depending on whether we consider the obligation to provide information as an obligation by the means or the result, the violation of the obligation is of two types: positive (failure to express information effective in the conclusion or execution of contracts) and negative (failure to express information effective in the conclusion and execution of works). Divided and refrained from stating the facts, the civil liability of the contract is established based on the principle of full compensation for the damage and the balance of the position of the ignorant party against the world.