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Paper Information

Journal:   COMPARATIVE LAW (NAMEH-YE MOFID)   SEPTEMBER 2010 , Volume 5 (16) , Number 2 (79); Page(s) 43 To 62.
 
Paper: 

SPECIFIC PERFORMANCE AND ITS PRIORITY OVER AVOIDENCE

 
 
Author(s):  SAFAEE SEYED HOSSEIN, OLFAT NEMATOLLAH
 
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Abstract: 

In contract law, especially in trade law and more particularly international trade, due fulfillment of contractual obligations is the most important issue. So the greatest concern of traders is non-fulfillment of obligations. Hence a lot of rules have been laid down for breach of contract. As a result of breach of obligation by a merchant a chain of merchants linked by intertwined transactions might see themselves unable to fulfill their promises and the ensuing situation undermines economic public order. On this basis the mechanism of specific performance has been established in many legal systems. Although specific performance after a breach may sometimes be considered as fulfillment of contracts, specific performance cannot be considered a true interpretation of the principle of pacta sunt servand. Additionally todays, the theory of specific performance has no due function. So we should interpret" the necessity of contracts principle "as necessity of meeting of reasonable expectations at the conclusion of contract and the right of promise to choose avoidance, damages and specific performance.

 
Keyword(s): NECESSITY OF CONTRACTS, BREACH OF CONTRACT, SPECIFIC PERFORMANCE, MEETING OF REASONABLE EXPECTATIONS
 
References: 
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