Abstract
Principles of international commercial contracts have presented doctrines as certain proposed principles on contracts law by aiming at the unification of private law and have dedicated cases and items in addressing the topic of damages. The mentioned principles have foreseen damages such as principles of loss of profit, damages upon substitute transactions, future harm…A number of those damages have no records of being elaborated in the Islamic Jurisprudence and Iranian laws and the possibility of exercising them in Islamic Laws could be discussed. The possibility of reforming compensation and demanding non-pecuniary compensation emerging from breach of contract are among the topics found in the Institute’s principles; and, are proposed to be exercised in the Iranian laws as well. DOI: 10.5901/mjss.2016.v7n6p133
Highlights
Performing the obligations emerging from the contract is the purpose of forming the contracts
One may recall the damages emerging from [not] negotiation in good faith, damages caused by [not] keeping confidentiality in negotiations and...The matter which is concerned here is the damage caused by failure to comply. It should be mentioned the scope of damages that have the capability of demand are similar to the damages caused by loss of profit; some damages based on the principles of the Institute could be claimed; such as the damage of loss of profit caused by breach in contract obligations
The damages included in the principles of the Institute can be classified as per different attributes: A- As per damages that are due to performance of obligations: First- Damages that are due to the performance of principles of contract obligations such as damages caused by not performing the obligation, damages caused by delay in the performance of obligations; two- secondary damages caused by not performing the obligations such as non-pecuniary damages caused by incomplete and defected performance of obligations, damages caused by loss of profit, damages caused by loss of a chance or opportunity
Summary
Performing the obligations emerging from the contract is the purpose of forming the contracts. Different legal systems do not deal with compensating the damages caused by breaching contract obligations in the same manner. The UNIDROIT1 Principles are a series of principles proposed by the Institute for Unification of Private Law. The mentioned principles cover different topics in various sections such as formation and validity of contracts, performance of contracts, damages, harms, and ....Damages caused by breach of contract is one of the important parts of the Institute’s Principle. Studying the Principles of the Institute for the Unification of Private Law on the international commercial contracts is important and contains many advantages: The principles of the Institute cover concepts which are found in many legal systems; the principles of the Institute are not mere reflection of common and joint concepts of different legal systems; they are rather ideals (Gotanda, 2008, P.109). The research methodology of the paper is based on defining the differences, similarities or common aspects, analysis and evaluation
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
