Study the bases of obligation for damages remedies and methods for determining and repairing the damages due to the void transactions

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Mohsen Anari ¹ , Mozaffar Bashokooh ² , Alireza Lotfi Dodaran ³

1 - Department of Law, Ardabil branch, Islamic Azad University, Ardabil, Iran.
2 - Department of law, Ardabil branch, Islamic Azad University, Ardabil, Iran.
3 - Department of law, Ardabil branch, Islamic Azad University, Ardabil, Iran.

Received: 2022-06-01 Accepted : 2022-06-17 Published : 2022-06-22

Keywords: Contract, obligation to damages, repairing the damages, void transactions,

Abstract :

With the damage to one of the parties to the transaction due to the invalidity of the transaction concluded between them, it comes to mind how this damage caused by the invalidity of the transaction should be compensated in order to put the Damaged in a situation before the transaction and the compensation is removed.There are several methods of repairing damages caused by void transactions and each of them has its own conditions, advantages and disadvantages And each of these methods has theoretical bases, jurisprudential bases and legal bases. Determining the amount of damages is either by the court or by law.Compensation methods include of the traditional methods and modern methods. Traditional methods include of object, similar to original, cash, moral compensation and payment of cognizance. New methods also include of binding on provisions of a void transaction, correcting or converting a void transaction, paying daytime value in exchange for the transaction, paying contractual value, and paying damages by insurance and the government.In the present article We try to study the principles and methods of compensation in a descriptive-analytical and library study.