توافق بر خسارت در قراردادها

AGREED DAMAGES IN CONTRACTS

The Iranian law of contract lies at the very centre of Iranʹs private law, and is based on Islamic Shiʹi jurisprudence. This makes it unique as being the only shiʹi law of contract in the Islamic world. An important part of this law is the law of damages, including agreed damages clauses, known in the common law countries as liquidated damages.In this article a stude of these clauses in Iranian law is carried out. The main questions in Iranian law arising out of this study are: What is the general structure of the law of contract and what are its bases? How does it view freedom of contract and the partiesʹ intention? What are the limits for this freedom? What part do the courts and the legislature play in both contractual relationships and the partiesʹ freedom? How does this law deaf with agreements on damages - does it view it as a case of partiesʹ choice or a combination of their choice and the courtsʹ approval? What are its characteristics and how do the courts deal with it and intervene, when necessary? What is the role of Islamic teachings in this part? Are these clauses in danger of being rabav - (usurious)? What about agreed damages for delay in payment of money - are they lawful? How does this law view specific performance? Is it similar to its counterpart in English law, and if not, how do they differ?