Theory of penal condition in Iranian and British law

Document Type : Original Article

Authors

1 PhD Student in Private Law, Arak Branch, Islamic Azad University, Arak, Iran

2 Assistant Professor, Department of Private Law, Arak Branch, Islamic Azad University, Arak, Iran

Abstract

In this article, the theory of penal condition in Iranian and British law was examined. Scientific and research poverty is related to the subject under discussion and related issues in general; it has been important to address this issue. It is a breach of contract, not a pre-determination of damages. Therefore, the British Commonwealth, contrary to Iranian law, has drawn a definite line between the obligation and the penal conditions and the recent conditions, and the conditional can only claim the actual damages. The main reason for the invalidity of these conditions is that the parties to the contract can not punish each other. The present article seeks to analyze the nature, causes and conditions of criminal conditions and examines the most important criteria for distinguishing criminal conditions from binding and other similar topics. It is noteworthy that in this study, the position of Iranian law regarding the penal condition has been examined and in the end they have concluded that currently in Iranian law, judicial fines are prohibited or at least very limited and fines The judiciary has a limited scope.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 3663-3678

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