Feasibility study of the combination of contract termination and claim for damages in Iranian law

According to the Civil Code, three steps must be taken to terminate the contract and claim damages for failure to perform the obligation. First, forcing the obligor to perform the obligation; second, performing the obligation at the obligor’s expense; and in the absence of these two cases, the third step is terminating the contract. In Iranian law and international commercial law documents, there are various methods for compensating the obligor for contractual damages due to non-performance of contractual obligations, which must be distinguished from preventive methods of breach of obligation. International documents provide for cases of contract termination. Explaining the principles, conditions, and effects of contract termination and the possibility of collecting claims for damages and contract termination in Iranian law is one of the central objectives of this descriptive-analytical research. Ultimately, it was concluded that in Iranian private law, it is possible to combine termination of a contract and claim damages for non-performance of the contract in different ways.