A Comparative Study of Damage Compensation on Contracts

The present study represents an attempt on the part of the drafters to extend the applicability of the Code beyond that resulting from the application of normal conflict of law rules. Articles 74-77 of international sales convention (1980) deal with damage compensation resulted from breach of contract. Article 74 mentions the general rule, talks about the necessity of compensation and articles 75 and 76 have mentioned the conclusion of a substitute transaction and referring to the current price, as the two methods of compensation. Article 77 has also mentioned the rule of minimizing compensation. Based on this article, if the aggrieved party fails to take the measures within his powers to mitigate the damage, he won¿t have the right to seek compensation.The present manuscript studies the differences between principles of the International Institute for the Unification of Private Law, European principles of contract law, French law and Iranian law and the principles of the Convention about damage compensation resulted from breach of contract.