Damages for delay in performing contractual obligations in Iranian law and international sales convention

Violation of contractual obligations is referred to as contractual liability, and in contractual liability, the harmful action is often in the form of omission, such as delay or non-fulfillment of the obligation or breach of execution. If as a result of the delay or non-implementation of the contract and the breach of the contract by one party, the other party suffers damage, the violator must compensate it. This issue has been considered not only in domestic regulations but also in the International Sale of Goods Convention. Based on this, in this article, we will investigate what the meaning and concept of damages for delay in the implementation of contractual obligations is, and what position does it have in Iran's legal system and the Convention on the International Sale of Goods?

The present research was carried out with a descriptive-analytical method.

If the breach of contract caused by the non-fulfillment of the obligation or the delay in the fulfillment of the obligation by one of the parties to the contract causes damage to the other party, he has the right to claim and compensate for the damage. This right to demand damages is separate from other compensation methods such as forced execution and termination of the contract. Regarding the conditions of damages for delay in the implementation of contractual obligations in Iranian law, attention is paid to such things as proof of fault, foreseeability and establishing the relationship of causation. From the point of view of the Convention on the International Sale of Goods and the principles of international commercial contracts, the purpose of compensation is to put the injured party in the position of performing the contract, and on this basis, the "theory of full compensation" has been accepted, according to which, the injured party, in addition to the losses incurred, He can also claim any benefits he is deprived of.