family low
majid aziziyani
Abstract
In this article, according to the principle of freedom of will and support for the agreement of the parties, a comparative analysis of the liquidated damages clause on the mitigation of damages has been done. Analysis the mitigation in Iranian law shows that enforcing the rule, contrary to the US legal ...
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In this article, according to the principle of freedom of will and support for the agreement of the parties, a comparative analysis of the liquidated damages clause on the mitigation of damages has been done. Analysis the mitigation in Iranian law shows that enforcing the rule, contrary to the US legal system, is not explicitly accepted in the realm of contracts. On the other hand, according to the principle of freedom and sovereignty of the will, the parties can determine and condition the damages resulting from non-fulfillment of the obligation on a lump sum basis together. Because the plaintiff will receive the agreed amount without the need to prove the amount of damages.. According to which the injured party is obliged to take any normal action to mitigate, the damages and prevent the spread or entry the loss. Otherwise, he will not be entitled to claim all damages. inIrananian and American law, it is possible for a judge to adjust the liquidated damages clause. So mitigation is different between them. It does not interfere with normal behavior. One of the important rules of compensation is the rule of mitigation
Majid Aziziyani
Abstract
In Iranian law, despite the dominance of the theory of fault, other principles such as Risk Theory, the presumption of fault and absolute responsibility have been accepted, and the basis of responsibility of each of the above persons is compatible with one of these principles. Explaining the basis of ...
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In Iranian law, despite the dominance of the theory of fault, other principles such as Risk Theory, the presumption of fault and absolute responsibility have been accepted, and the basis of responsibility of each of the above persons is compatible with one of these principles. Explaining the basis of responsibility from this perspective is important that in different cases, the possibility or impossibility of imposing responsibility can be examined. For example, the basis of the driver's liability is the theory of fault, and therefore, if she observes all the rules and regulations of traffic, she will not be given the title of driver who caused the accident and is therefore exempt from liability. In the Law of Obligatory Insurance approved in 2016, several persons have been identified as responsible for financial and physical damages payable to persons injured in accidents caused by vehicles. From the insurance company, the Fund of Providing Corporeal Damages, the driver who caused the accident to the pedestrian who passes through unauthorized areas. All these people and other people such as the road administration are obliged to compensate the damages, but the reason for the responsibility of each is different, and accordingly, the basis of their civil liability is different from each.
