A comparative study of international legal documents on the issue of combining claims for damages and termination of contracts

Document Type : Original Article

Authors
1 Master of Science in Private Law, Islamic Azad University, Sirjan Branch, Kerman, Iran.
2 Teacher of Islamic Azad University, Sirjan Branch, Kerman, Iran.
Abstract
The issue of contract termination and claiming damages for failure to perform an obligation is one of the important issues in the field of private law that has always been the focus of lawyers and researchers. After forcing the obligor to perform the obligation and perform the obligation at the obligor's expense was not effective in obliging him, the third step is contract termination, which is foreseen in the law. 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 should be distinguished from preventive methods of breach of obligation. Cases of contract termination are foreseen in international documents. Explaining the principles, conditions and effects of contract termination and the possibility of collecting claims for damages and contract termination in international legal documents is one of the central objectives of this descriptive-analytical research. Ultimately, it was concluded that in international legal documents, it is possible to combine termination of a contract and claim damages for non-performance of the contract in different ways.
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