Roya Ghafari; Mohammad Abedi; Abdollah Khodabakhshi Shalamzari; Sayyed mohammad mahdi Ghabooli dorafshan
Abstract
In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account ...
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In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account all actors and activists. This instrumental approach promotes the triple goals of prevention, distribution of damage and compensation. The condition of compensable loss such as predictability and directness and certainty and non-compensation of loss in legal analysis is based on fairness, ethics and justice. Every loss cannot be considered claimable, civil liability must have a logical and fair limit and an unlimited liability cannot be tolerated. In economic analysis, the reduction of the final cost determines the characteristic of compensable loss and compensability of any loss is not reasonable and efficient. The economy is a guide in determining the fault of the harmful act by providing an objective criterion and makes the relationship of causality, contrary to the conventional concept, efficient, and. This relationship exists between the loss and the factor that avoids with less cost
jalal soltanahmadi; Zahra Vatani; Masoumeh Zamanian
Abstract
The concept of the efficient breach is made of fundamental modifications withinside the regulation of responsibilities and the substitute of the system of ethical utilitarianism with a system based on value originality. And considers the idea of contract regulation now no longer as "obligatoriness of ...
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The concept of the efficient breach is made of fundamental modifications withinside the regulation of responsibilities and the substitute of the system of ethical utilitarianism with a system based on value originality. And considers the idea of contract regulation now no longer as "obligatoriness of contracts", however as "necessity of acquiring the preferred contract", that is inevitable if the contract is acquired through executing the contract. And if its miles occurred through the breach, breach of contract isn't simplest disgusting, however commendable and possibly necessary, and "efficiency" is the criterion for being based on one in every of methods. In present-day criminal perspectives, it's miles a remember of "credit" that "shipping the authentic thing " is one of the methods to obtain it. Also, the obligation of making the "desirable" isn't completely at the obligor, and the obligee is needed to participate withinside the choicest provision of the contract because of intervening withinside the contract. In addition, it isn't simplest for the parties who're withinside the scope of the results of the transaction, however, additionally, a third party, relying on the circumstances, may input into this variety and be responsible beneath neath this agreement. The purpose of the prevailing study withinside the Iranian legal system is to use a descriptive-analytical approach to evaluate this concept to the principles and postulates of this legal system. Although before everything look this concept is taken into consideration in opposition to the obligatoriness of contracts and its utility is forbidden, however, in a deeper analysis, the possibility of its utility in this legal system based on jurisprudence isn't ruled out, And preventive liability for breaches will significantly increase economic efficiency.
