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Paper Information

Journal:   AZAD LEGAL RESEARCHES   SUMMER 2007 , Volume - , Number 1; Page(s) 0 To 0.
 
Paper: 

AN OVERVIEW OF VARIOUS ASSESSMENT METHODS, FOCUSING ON ARTICLES 75 & 76 OF THE INTERNATIONAL CONVENTION FOR SALE OF GOODS AND IRANIAN LAW

 
 
Author(s):  BAHMANI MOHAMMAD*
 
* 
 
Abstract: 

In case of breach of contract, provision of elements and conditions of contractual liabilities, it is time for compensation of the pertaining damages resulted. The damage compensation necessitates the pertaining assessment. Application of rules and methods of compensation aims at provision of the rightful and legitimate interests of the aggrieved party based on implementation of the contract. Having complied with the aim, the International Convention for Sale of Goods stipulates the assessment of damage compensation based on substitute and alternative transaction for the primary transaction. The aggrieved party- seller or buyer, as the case maybe- may receive the difference between the price of the breached transaction and the substitute or alternative transaction as compensation. In case the substitute transaction is not realized within the specific manner and period of time, the difference between price of the goods of the primary transaction and the prevalent price of the same goods at the time of the breach of the contract or confiscation of the goods will be considered as milestones for assessment of the damage compensation based on Article 76. If there is any damage left uncompensated as the result of application of the two aforementioned articles, it will be covered through application of the Article 74 of the Convention. Objectives, generalities and legal regulations of Iranian law pave the ground for utilization of the aforesaid methods and enable the obligee to claim the damages incurred- including but not limited to cost and expenses-as result of the breach of the contract by the counterparty through meeting the commitments. (Article 222, Civil Code).

 
Keyword(s): THE INTERNATIONAL CONVENTION FOR SALE OF GOODS, DAMAGE ASSESSMENT, DAMAGE COMPENSATION, CONTRACTUAL LIABILITY, BREACH OF CONTRACT, TERMINATION, SUBSTITUTE TRANSACTION, RULE OF MARKET PRICE
 
References: 
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