نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیات علمی دانشگاه قم گروه حقوق خصوصی
2 استاد تمام دانشگاه شهید بهشتی ره، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The first remedy for breach of contract in English law is damages, which usually takes place by money payment. Specific performance is exceptional. In cases where the subject of obligation is to do or not to do a work other than money payment, difference between damages and specific performance, but in cases where the subject is money payment, the two difference is ambiguous. Because in this case, the subject of the actions is the same. In the Iranian law, with reference to the mention of destruction and causation as the basis of damages in Article 515 of the Iranian Code of Civil Procedure, Action for breach of contract in fact becomes an action for debt resulting from destruction and causation. On the other hand, although the Note 2 of this article rejects the loss of profit, Action for is acceptable notwithstanding of the Note. Action for debt does not have such problems of damages action as proof causation, fault, and amount of damages. In Iranian law, some legal texts such as Articles 515 and 522 of the Code of Civil Procedure as well as some judicial decisions pay attention to distinction between the two actions and their effects.
کلیدواژهها [English]
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