نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Although the termination of the contract exempts the parties from their obligations, it does not affect all the rights and obligations arising from the contract. One of these rights is the right to claim damages, which is an independent right and can be combined with other compensation methods. In addition to this issue, other terms related to arbitration and settlement and contractual disputes or terms that are intended to be effective even after termination, are still able to function even after exercising the right of termination. In Iranian law, the effect of termination is for the future, and this action does not invalidate the contract from the beginning, and the benefits resulting from the transaction between the conclusion of the contract and the termination belong to the person who became the owner as a result of the contract. With the exercise of the right of termination by the cucumber owner, a situation is realized in which the demand for damages from the parties becomes relevant. In this article, the effect of termination has been discussed and paid attention to in connection with the issue of claiming damages. In this regard, a brief reference is made in connection with the discussion of the effect of contract termination (notification of article 48 of the publication 4311 of the country's planning and budget organization) in construction contracting contracts and claims and compensation.
کلیدواژهها English