Jurisprudential-Legal Investigation of the Methods of Compensating the Losses Stemming from the Breach of Contractual Commitments in the Light of the Ethical Teachings
Akhlāq-i zīstī,
Vol. 8 No. 1 (1397),
2 November 2018
,
Page 201-212
https://doi.org/10.22037/bioeth.v8i1.33026
Abstract
Background and Aim: Apart from the legal requirements, ethics require that the compensation of the losses that are imposed by a party’s violation of the contract. Although there are differences in the methods of loss compensation in the legal systems, ethics-driven loss compensation is the common aspect seen in most of the legal systems.
Materials and Methods: The present study is descriptive-analytical research that has been conducted using library sources.
Ethical Considerations: Content originality and trustworthiness and fairness are the principles that have been carefully observed in this article.
Findings: Based on the ethical and legal teachings, there are various methods for compensating the contractual losses in Iran’s jurisprudence and law. Three methods, namely compulsory fulfillment of the obligation, contract revocation and loss compensation, are shared by the legal systems as sanctions for the violations of the contractual obligations though the precedence and subsequence of these compensatory methods differ from a system to another.
Conclusion: in the laws of Iran and following the lead of Imāmiyyeh jurisprudence, coercion to the fulfillment of the contractual commitment is the most important sanction devised for the violations and it, as opined by some jurists, possesses longitudinal precedence to the other tools and, as long as coercion is possible, the emphasis is placed on the objective enforcement of the contractual obligations and granting of no right to the obligees for demanding contract revocation and loss compensation. However, in France’s legal system, the obligees can choose either loss compensation or coercion and it can be stated that this method is better and more reasonable for its more relevance to the ethical teachings.
Please cite this article as Farahati M, Sadri SM, Farahati AA. Jurisprudential-Legal Investigation of the Methods of Compensating the Losses Stemming from the Breach of Contractual Commitments in the Light of the Ethical Teachings. Bioethics Journal, Special Issue on Citizenship Rights, Autumn 2018; 201-212.
- Commitment; Contractual Violation; Ethics; Rights; Victim; Loss Compensation
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