Abstract
Examining the Problems of priority the “Specific Performance” over “Termination of Contract” in Respect of Economic AbstractIncluding the fundamental question of the Economic Analysis of Law is problems of priority the specific performance over termination of contract that has ...
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Examining the Problems of priority the “Specific Performance” over “Termination of Contract” in Respect of Economic AbstractIncluding the fundamental question of the Economic Analysis of Law is problems of priority the specific performance over termination of contract that has occupied the minds legal and economic scientists. On the Legal Systems of Iran and America, these problems Subheadings the enforcement process, social norms, judicial error, jury trial, mitigation of damages and opportunism must be studied. Then, the solutions of mentioned problems in order to effective the provisions of Iranian Law in respect of economic outlook to Law. Of course, as a findings this article, mentioned problems is removed in two ways specialized approach to contract and the priority the specific performance and termination of contract based on their characteristic (ordinary, commercial and consumer contracts) or the internalization of external costs resulting from specific performance or termination of contract and process of settlement of contractual disputes can be resolved which will be discussed during article. the aim of this article, analysis of the above problems by adopting a comparative approach and Proposals for the reform of legal regulations of Iran in field of remedies of contracts.
Mahdi Hasanzadeh; Ahad Shahi Daman Jani; HASSAN alipour
Abstract
Generally, in Iranian law, the condition over third party act includes condition of act to third party in a strict meaning and commitment to third party act. In the case of the condition over third party act, the parties are binding on third party (the last Section of Art. 234 of the Civil Code); whereas ...
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Generally, in Iranian law, the condition over third party act includes condition of act to third party in a strict meaning and commitment to third party act. In the case of the condition over third party act, the parties are binding on third party (the last Section of Art. 234 of the Civil Code); whereas in the commitment to third party act, someone undertaking in regard to third party will accept obligation against the other party. Specifically, the condition over third party act conflicts with the majority of contractual principles and legal provisions. What is legal justification for and basis of the above-mentioned condition? This article deals with the following issues: The nature, legal status and criterion of validity of the condition over third party act, its differences and its link with the commitment to third party act. It also examines how the legal relationship between the parties and with third party will be in the event of rejection and acceptance of the condition by third party.
