The Creditor's Duty To Mitigate Damages & The Mechanism  Of Its  Application   Comparative study

Hassan Salman, Imad; Is A Great Lover, Zafer

	The Creditor's Duty To Mitigate Damages & The Mechanism Of Its Application Comparative study
The Law Journal for Researches and studies
Article 1, Volume 0, Issue 12, 2016, Pages 296-371
Authors
Imad Hassan Salman; Zafer is a great lover
Abstract
The English legal system does not only impose a duty on the creditor to not increase the damages iflicted unpon him by his debtor or aggravate his contractual situation ( like German, French , Egypt and Iraq legal systems) , but impose a positive duty on the creditor to exert reasonable sincere efforts to mitigate the losses by making a cover tranaction which replace(totally or partially) the orginal tranaction with the debtor who failed to perform his obligation. The effect of that duty of mitigation on twofold, the first is negative , which prevent the creditor from demanding compensation for any avoidable losses, the second , is positive which gives the right to the creditor to recourse on any expenses necessiated by that duty as well as compensation for those losses which he was unable to mitigate them. The research had been divided into three chapters, in the first chapter the researcher has dealt with the legal basis for the creditor's duty to mitigate the daamages and its legal characteristics, the second specificied on the creditors alternative after application of his duty to mitigate , and the third chapter dealt with the duty of mitigation in Arab and Iraqi in ratified International Convention, Commerical and civil laws. Finally, the researcher has summed up his research by many recommendations and proposals; hoping that Iraqi and Irab legislative organs and judiciary system to adopt them.
Keywords
The Creditor

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