Comparative Study of Damages by Non-performance of Obligations in UNIDROIT Principles, Islamic Jurisprudence and Iranian Laws

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