کد مطلب : 3216 |
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تاریخ درج: پنجشنبه, مهر 18, 1392 |
ساعت: 12:00 ق.ظ |
منبع / نویسنده مطلب: مدیر پشتیبانی پورتال
The Effects of Intentional Breach of Contract with Emphasis on International Instruments
Ebrahim Shoarian, Roya Shirin Beig Pour
International Journal of Research In Social Sciences, Volume3, Issue2, Fall2013, Pages 119-126.
When breach of a contract takes place it is necessary to distinguish between different kinds of breach considering that their legal effects are not the same. Non-performance can take various forms such as fundamental and non-fundamental breach or anticipatory and actual breach. However, from the standpoint of will, the non-performance or breach can be divided into intentional and unintentional one. When the breach of the contract is willful, the Law cannot be apathetic to obligor who has behaved in bad-faith. To this end, some legal systems have been upgraded and changed the remedies in favor of obligee. Also, in some International Instruments like UPICC, PECL, and DCFR intentional breach has been encountered with special remedies. In this article we will examine the particular effects of intentional breach with emphasis on above mentioned documents.