Compensation methods for breach of contract in Iranian law and international sales convention

Compensation methods for breach of contract in Iranian law and international sales convention The purpose of this thesis is to examine the compensation methods for breach of contract in Iranian law and international sales convention File specification The number of pages is 122 Size 186 KB The original file format is docx Classification of jurisprudence, law, theology Complete explanations The 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 convention Table of Contents Introduction 1 First chapter: General 6 Topic 1: The concept of damage and its types in Iranian law 7 The first speech: The concept of damage in Iranian law: 7 Paragraph 1: The concept of damage in the civil law 8 Clause 2: The concept of damage in the Civil Liability Law 9 Clause 3: The concept of damage in custom 10 The second speech: types of damage in Iranian law 11 Clause 1: Material damage 12 Clause 2: Moral damage 15 Clause 3: Physical damage 16 The second issue: the concept of damage and its types in Convention 17 The first speech: the concept of damage in Convention 17 The second speech: types of damage in Convention 18 Clause 1: Material damage 18 Clause 2: Non-profit damage 18 Clause 3: Moral damage 19 Chapter Two: Compensation method in Iranian law 21 Topic 1: compensation methods in contractual liability 22 The first speech: commitment to perform the action 22 Paragraph 1: Fulfillment of the obligation by the obligee at the expense of the obligee 23 Clause 2: Determination of daily damage 23 Clause 3: Determining the daily damage and fulfilling the obligation at the obligee's expense 24 Clause 4: Payment of the obligation 24 Clause 5: Termination of contract 27 The second speech: commitment to cash 29 Clause 1: Conditions for late payment damages 30 Paragraph 2: Damages for late payment in Civil Law 31 Clause 3: Amount of damages for late payment 32 Paragraph 4: The difference between late payment damages and usury32 The second issue: methods of compensation in compulsory liability 32 The first speech: returning the damaged state to its former state 33 Paragraph 1: Returning the same property to its owner 34 Clause 2: Eliminating the source of damage 34 The second speech: Compensation for damage to property 35 Clause 1: Rejection of Ain, if any 35 Clause 2: Payment of compensation 36 The third speech - the role of the court in determining compensation methods 40 Chapter 3: compensation methods in the international commodity convention (1980) 42 Topic 1: Compensation methods in Convention 43 The first speech: receiving the monetary equivalent of damages and receiving interest 43 Paragraph 1: Receiving the monetary equivalent of damages 43 Clause 2: Receiving interest 44 The second speech: request to reduce the price 47 Paragraph 1: Request for price reduction in Convention 47 Clause 2: Conditions for realization of the option to reduce the price 48 A: Delivery of the contracted goods 48 B: Non-conformity of the surrendered goods 49 1: Material non-compliance 49 2: Legal non-compliance 50 C: acceptance of non-conforming goods by the buyer 51 D: Fulfillment of the duties listed in articles 29 and 40 by the customer51 E: The buyer's ignorance of the non-conformity of the goods 51 Paragraph 3: Exceptions to the application of Article 50 of the Convention52 A: Compensating the defect after the delivery deadline by the seller, provided there is no unreasonable delay52 B: Failure of the customer to express his opinion despite the seller's request 53 C: Declaration of the seller to fulfill the obligation within a certain period of time 53 D: The condition of receiving the notice from the seller to the customer 53 E: Fixing the defect of non-conforming goods by the seller 54 Paragraph 4: How to calculate price reduction in Convention 54 The third speech: resale of the seller 56 Clause 1: Optional resale of the seller 56 Clause 2: Compulsory resale of the seller 56 A: Mandatory resale items sold 59 B: Mandatory resale measures of selling 60 The second topic: non-monetary methods of compensation 61 First speech: Request for product repair 61 Paragraph 1: The right to request repair or modification of goods in Convention 62 Paragraph 2: Conditions for requesting repair or modification of goods in Convention 63 The second speech: the obligation of the seller to deliver the substitute goods 65 Clause 1: The concept of delivery of substitute goods 65 Clause 2: Conditions for requesting the delivery of substitute goods 66 A: Delivery of goods to the buyer 66 B: Non-compliance of the goods delivered to the buyer with the contract 66 C: Fundamental violation of non-compliance 67 D: warning of non-compliance 68 E: The possibility of returning the goods to their former state 69 Paragraph 3: The scope of the request to submit the substitute goods in Convention 69 The third speech: the obligation to fulfill the same commitment 70 Clause 1: Request for mandatory execution of the contract by the customer 70 A: Terms of execution of the same contract by the customer 71 B: Restrictions on the implementation of the same contract 71 Clause 2: Request for compulsory execution of the contract by the seller 73 A: The right to request the compulsory execution of the contract 73 B:

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