نویسنده
مستشار دیوان عالی کشور و استادیار دانشگاه آزاد اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Possibility of fulfillment of punitive conditions – former agreements of the two parties concerning evaluation of probable damages brought about by the breach of contract is a subject about which in different systems of law, there are various opinions. The reasons for this variety of views, in addition to the historical evidence particularly in common law systems, may be the kind of understand of the principle of the freedom in contracts and the development in the mentioned principle alongside with economic and political developments and liberal tendency in the modern world. Study of the
Possibility of fulfillment of punitive conditions – former agreements of the two parties concerning evaluation of probable damages brought about by the breach of contract is a subject about which in different systems of law, there are various opinions. The reasons for this variety of views, in addition to the historical evidence particularly in common law systems, may be the kind of understand of the principle of the freedom in contracts and the development in the mentioned principle alongside with economic and political developments and liberal tendency in the modern world. Study of the possibility of judicial adjustment, and distinction between punitive condition and those evaluating the amount of damages. Article 230 of civil law of Iran ratifies the fulfillment of such a condition. After giving explanations about punitive condition, this article investigates the subject through analytic study of the three views. The result of this research shows the necessity of revision in article 230 of civil law of Iran due to the possibility of judicial adjustment of this condition.
Key words: Punitive condition, Judicial adjustment, Punitive condition and condition evaluating the amount of damages, Absolute fulfillment of punitive condition, Article 230 of civil law of Iran, The principle of freedom in contracts.
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