Botany Research Journal
ISSN: OnlineISSN: Print 1995-4751
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Abstract
Enforced performance and Monetary Damages are the main remedies that legal system provided against breach of contract to compensate the effects of breach and protect the contractual rights. Generally, it is said that Iranian legal system as a general principle provided Enforced performance of contract for compensating the breach of contract but the Anglo-American legal system according to common law tradition, has provided Monetary damages as the first and main remedy and when monetary damages is inadequate for compensation and at the discretion of the court, accepted enforced performance as exceptional remedy. Considering these differences, this subject is selected. The aim of this article is to determine the enforced performance’s exact scope with considering the limitations and evaluate the appropriateness of enforced performance, considering the superiority and objections in this legal system. According to this study, these legal systems practically move to the same side and have the same situation because Items such as the impossibility, abuse of rights, morality and public order, limited the scope of enforced performance in Iranian law while resort to enforced performance has increased in Anglo-American law. Also, despite the objections to the enforced performance, this method in the Iranian legal system is appropriate and effective.
How to cite this article:
Seyyed Younes Nourani Moghaddam, Bijan Haji Azizi and Mohammad Javad Eyvazi. Enforced Performance: Scope, Legal and Economic Appropriateness in Iranian and
Anglo-Aamerican Contract Law.
DOI: https://doi.org/10.36478/brj.2020.1.8
URL: https://www.makhillpublications.co/view-article/1995-4751/brj.2020.1.8