عنوان مقاله [English]
نویسنده [English]چکیده [English]
This article attempts to present an analysis of concepts of penalty clauses and liquidated damages. The compensation idea as a result of perfidy has always existed. Sometimes the law determines amounts and methods of compensation and on some occasions the parties determine it as a priori. Priori determination of the amounts and methods of compensation is usually done for two purposes: first, to avoid getting involved in the expensive and complex processes to assess the damages in the courts and second, to set to raise the costs of breach of contract. But a priori determination of damages perfidy has not been approved constantly by lawyers and legal systems in all cases. In some periods of time, the validity of contracts and perfidy related to the conclusion of the legal form of predetermined (nominate contracts), and perfidy could only be punished by prior legislators sentences. In some legal systems laying heavy perfidy damages are contrary to legal logic and sentenced to invalidity. So analyze the accuracy of principles of such terms and views of the world’s major legal systems and their developments in legal theory are the subject of this study to find a reasonable, novel and fair answer, in accordance with Iranian legal system for legal institutions, penalty clause and liquidated damage.