Damages in Lieu of Performance in German and Iranian Law

Document Type : Academicm and Research

Author

Associate Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran.

Abstract

"Damages in lieu of performance" is one of the three types of damages for breach of contract provided by the German Civil Code. The main objective of this research is to examine this remedy in German law. Specifically, this study addresses the question of how, in a legal system that upholds the principle of contractual necessity and considers specific performance as the primary remedy for a breach of contract, damages can substitute for the actual fulfillment of the obligation. While the term "damages in lieu of performance" is not explicitly used in Iranian laws, certain instances of this type of damage have been explored in legal literature. By comparing these two concepts within the German and Iranian legal systems, it becomes evident that the German Civil Code provides precise and effective rules governing damages in lieu of performance, thereby offering a solid foundation for the comparative adaptation of such rules in Iranian law.

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Main Subjects

References

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Comparative Studies on Islamic and Western Law
Volume 10, Issue 3 - Serial Number 37
September 2023
Pages 183-208

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