Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī (Nov 2015)
Possibility of Full Compensation for Damages: A Comparative Assessment under the Principles of International Commercial Contracts, Vienna Convention on Contracts for the International Sale of Goods
Abstract
Compensation for damages arising from a breach of contractual obligationsshould place the injured party in the position he would have been in had thecontract not been breached. By accepting the idea of full compensation, theUNIDROIT Principles of International Commercial Contracts as well as theConvention on Contracts for the International Sale of Goods (1980), judicialprecedents, and international arbitration awards have recognised this approach.Despite the recognition of the principle of compensation, this theory is subject tocontroversy in Iranian law, particularly in the event of damages caused by theloss of anticipatory benefits. From justice and economic efficiency perspectivesand for the sake of adapting Iranian commercial rules with ones reflected ininternational trade instruments, and for considering the affirmative religiousjurisprudential principles, it is recommended that effective steps should be takentowards the removal of all existing legal barriers in Iranian law.
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