Compensation methods for breach of contract in Iranian law and international sales conventionThe purpose of this thesis is to examine the compensation methods for breach of contract in Iranian law and international sales conventionFile specificationThe number of pages is 122Size 186 KBThe original file format is docxClassification of jurisprudence, law, theologyComplete explanationsThe purpose of this thesis is to examine the compensation methods for breach of contract in Iranian law and international sales convention. The content of this thesis is presented in three chapters.In the first chapter, the meaning and concept of damage in Iranian law and the Convention on the International Sale of Goods are discussed.In the second chapter, the compensation methods in Iranian law are examined both in terms of contract and coercion.In the third chapter, compensation methods are studied in the International Sale of Goods Convention.One of the most common and important relationships through which the majority of human needs are provided is international sales contracts.Since these contracts are made between businessmen of different countries and with different national legal systems, the first issue that comes before them is what regulations govern these relationships.This thesis examines the "methods of compensation in Iranian law and the 1980 Convention on the International Sale of Goods" and will come to the conclusion that the principles, conditions and methods of contractual compensation in the Convention on the International Sale of Goods (1980 Vienna) and Iranian law are different.It has no consideration, and in the meantime, there is no significant obstacle on Iran's way to join this conventionTable of ContentsIntroduction 1First chapter: General 6Topic 1: The concept of damage and its types in Iranian law 7The first speech: The concept of damage in Iranian law: 7Paragraph 1: The concept of damage in the civil law 8Clause 2: The concept of damage in the Civil Liability Law 9Clause 3: The concept of damage in custom 10The second speech: types of damage in Iranian law 11Clause 1: Material damage 12Clause 2: Moral damage 15Clause 3: Physical damage 16The second issue: the concept of damage and its types in Convention 17The first speech: the concept of damage in Convention 17The second speech: types of damage in Convention 18Clause 1: Material damage 18Clause 2: Non-profit damage 18Clause 3: Moral damage 19Chapter Two: Compensation method in Iranian law 21Topic 1: compensation methods in contractual liability 22The first speech: commitment to perform the action 22Paragraph 1: Fulfillment of the obligation by the obligee at the expense of the obligee 23Clause 2: Determination of daily damage 23Clause 3: Determining the daily damage and fulfilling the obligation at the obligee's expense 24Clause 4: Payment of the obligation 24Clause 5: Termination of contract 27The second speech: commitment to cash 29Clause 1: Conditions for late payment damages 30Paragraph 2: Damages for late payment in Civil Law 31Clause 3: Amount of damages for late payment 32Paragraph 4: The difference between late payment damages and usury32The second issue: methods of compensation in compulsory liability 32The first speech: returning the damaged state to its former state 33Paragraph 1: Returning the same property to its owner 34Clause 2: Eliminating the source of damage 34The second speech: Compensation for damage to property 35Clause 1: Rejection of Ain, if any 35Clause 2: Payment of compensation 36The third speech - the role of the court in determining compensation methods 40Chapter 3: compensation methods in the international commodity convention (1980) 42Topic 1: Compensation methods in Convention 43The first speech: receiving the monetary equivalent of damages and receiving interest 43Paragraph 1: Receiving the monetary equivalent of damages 43Clause 2: Receiving interest 44The second speech: request to reduce the price 47Paragraph 1: Request for price reduction in Convention 47Clause 2: Conditions for realization of the option to reduce the price 48A: Delivery of the contracted goods 48B: Non-conformity of the surrendered goods 491: Material non-compliance 492: Legal non-compliance 50C: acceptance of non-conforming goods by the buyer 51D: Fulfillment of the duties listed in articles 29 and 40 by the customer51E: The buyer's ignorance of the non-conformity of the goods 51Paragraph 3: Exceptions to the application of Article 50 of the Convention52A: Compensating the defect after the delivery deadline by the seller, provided there is no unreasonable delay52B: Failure of the customer to express his opinion despite the seller's request 53C: Declaration of the seller to fulfill the obligation within a certain period of time 53D: The condition of receiving the notice from the seller to the customer 53E: Fixing the defect of non-conforming goods by the seller 54Paragraph 4: How to calculate price reduction in Convention 54The third speech: resale of the seller 56Clause 1: Optional resale of the seller 56Clause 2: Compulsory resale of the seller 56A: Mandatory resale items sold 59B: Mandatory resale measures of selling 60The second topic: non-monetary methods of compensation 61First speech: Request for product repair 61Paragraph 1: The right to request repair or modification of goods in Convention 62Paragraph 2: Conditions for requesting repair or modification of goods in Convention 63The second speech: the obligation of the seller to deliver the substitute goods 65Clause 1: The concept of delivery of substitute goods 65Clause 2: Conditions for requesting the delivery of substitute goods 66A: Delivery of goods to the buyer 66B: Non-compliance of the goods delivered to the buyer with the contract 66C: Fundamental violation of non-compliance 67D: warning of non-compliance 68E: The possibility of returning the goods to their former state 69Paragraph 3: The scope of the request to submit the substitute goods in Convention 69The third speech: the obligation to fulfill the same commitment 70Clause 1: Request for mandatory execution of the contract by the customer 70A: Terms of execution of the same contract by the customer 71B: Restrictions on the implementation of the same contract 71Clause 2: Request for compulsory execution of the contract by the seller 73A: The right to request the compulsory execution of the contract 73B: