Study of Compensation (Arsh) in the Law of Iran and the Shiite Jurisprudence and its Difference from Reduction of Price in the international Sale Convention

Eskini, Rabiaa; Jafarian, Alireza

doi:10.30497/law.2012.1242

Study of Compensation (Arsh) in the Law of Iran and the Shiite Jurisprudence and its Difference from Reduction of Price in the international Sale Convention

Document Type : Research Article

Authors

10.30497/law.2012.1242

Abstract

Transactions, as a necessary part of life, have been undertaken to meet people’s needs since ancient times. Making exchanges and paying consideration have always been major concerns of the parties to a contract. Thus, different mechanisms based on the customs of each region and the type of transaction have been developed to compensate for possible imbalances or injustices in certain transactions. The institutions of compensation and reduction of price are among these mechanisms, addressed both in domestic law and in the International Sale Convention. The present article attempts to study and compare these two mechanisms.

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