نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه حقوق، دانشگاه رازی، کرمانشاه
2 دانشجوی کارشناسی ارشد حقوق خصوصی، دانشگاه رازی، کرمانشاه.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
There is no doubt that contract law is one of the important foundations of economic system and efficiency and being up-to-date of its rules can have a major role on economic growth. So foreseeing suitable remedies for breach of contract is very important and it can be said that it is a fundamental factor in evaluating the efficiency of contract law. The paper analyses one of the major defects of Iranian contract law. It should be noted The Supreme Court in decree number 733 provided a solution for how to compensate buyer’s losses in an unauthorized transaction. Alongside with uncertainty and doubt that exists about the accepted standard in the decree and its restorative ability in these cases, the possibility of the application of the standard in other cases of dissolution of contract; specifically termination is an important question that giving an answer to it, is very necessary considered with practical aspects. In this survey, it has been proposed that the application of the decree in all causes of contract dissolution is rational and reasonable on the understanding that it has the same base in common with unauthorized transactions and in fact, the buyer has been deceived
کلیدواژهها [English]
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