Studies in Humanities
Asad Mahdavi Rad; Ahmad Khosravi
Abstract
In recent international trade, in particular, and in some domestic transactions, it can generally cause several legal issues with which the existing regulations do not deal with. For this, this article aims to offer solutions in a different interpretation of these rules, including proving that the price ...
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In recent international trade, in particular, and in some domestic transactions, it can generally cause several legal issues with which the existing regulations do not deal with. For this, this article aims to offer solutions in a different interpretation of these rules, including proving that the price non-determination in a lump sum can not always be regarded as a reason for a transaction to be arrogant and void because the custom of such transactions is not mentioned as arrogant and practically. It is common in the community, and after studying the application of other countries' rights and the Convention provisions. Therfore this examination concluded by making two introductions: if a transaction is not from the arrogance viewpoint, it is not void, and the transaction is common recently. Sometimes its price determination has been postponed to the future, indicating such an issue. The need for this research stems from the fact that following the globalization phenomenon, the movement for unifying contract law has impacted the countries’ national laws. Thus, it is essential to remove the necessities and obstacles to the unification of contract law with comparative studies. In this regard, the proposed study examines price determination and its effect on sales in Iranian law and the 1980 Vienna Convention on International Sale
Studies in Humanities
Ahmad Khosravi; Asad Mahdavi Rad
Abstract
Civil liability has two branches as the contractual and non-contractual liability. If there is a contract between two or more parties and one of them commits a breach of contract (non-performance; delay in fulfilling the obligation) and the other party suffers damage, the contract’s violator has ...
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Civil liability has two branches as the contractual and non-contractual liability. If there is a contract between two or more parties and one of them commits a breach of contract (non-performance; delay in fulfilling the obligation) and the other party suffers damage, the contract’s violator has a contractual responsibility and should bear the damage. In some cases, where an individual inflicts damage on another without a contract between them, or if there is a contract, the loss is not related to the contract; there is talk of non-contractual liability. Civil liability in the law of obligations is a title to express the legal obligation to compensate for unlawful damages; whether it is a contract’s breach or a violation of the public duty of non-damages otherwise, civil liability has two significant branches from the contract. The purpose of liability is to compensate for unjust loss, which it is a loss argued in the theoretical foundations of liability, and its criteria are based on liability. Compensation for unlawful loss depends on the existence on conditions, among which is the condition of “predictability of loss” and mentioned in both contractual and coercive liability (non-contractual obligations).
