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As noted elsewhere, TILO's members are not just practice-oriented attorneys. Rather, they have made an extensive contribution to the development of legal scholarship. They have published both nationally and internationally in top ranked journals including but not limited to Florida Journal of International Law, Nordic Journal of Commercial Law, Tehran Univ. Law Journal, etc. in the following pages you may have an access to examples of TILO's member's scholarship.

Hierarchy and Change of Remedies for Breach of Contract: International Instruments and Iranian Law Approaches

Ebrahim Shoarian, Sara sahebjam

Volume 12, Issue 24, October 2021, Pages 33-79

DOI: 10.22034/law.2021.44754.2854

Abstract
One of the most significant issues concerning breach of contract is the hierarchy between the remedies and the possibility of their change. This article examines the hierarchy of remedies and an aggrieved party’s ability to change his initially-sought remedy to another one. While international instruments of contract law such as the Principles of European Contract Law and UNIDROIT Principles have addressed some aspects of the issue, the Iranian Civil Code is silent on the matter. Although the legal literature addresses some features of the hierarchy of remedies, it has not touched upon the change of a remedy.  This article investigates the issue in relation to main remedies including specific performance, termination, of contract, damages, and price reduction. It is a truism that the findings of the research are generalizable to the context of domestic contracts as well as international ones, and its practical usefulness is undeniable in contract litigations.

 

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