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"Damages in lieu of performance" is one of the three types of damages for breach of contract provided by the German Civil Code. The main objective of this research is to examine this remedy in German law. Specifically, this study addresses the question of how, in a legal system that upholds the principle of contractual necessity and considers specific performance as the primary remedy for a breach of contract, damages can substitute for the actual fulfillment of the obligation. While the term "damages in lieu of performance" is not explicitly used in Iranian laws, certain instances of this type of damage have been explored in legal literature. By comparing these two concepts within the German and Iranian legal systems, it becomes evident that the German Civil Code provides precise and effective rules governing damages in lieu of performance, thereby offering a solid foundation for the comparative adaptation of such rules in Iranian law.

The disposition of the return of the forced execution by the court, following the abolition of the enforcement title or the forced execution itself, leads to the creation of a new paradigm, in which the creditor of the forced execution, whose patrimony has increased, becomes the debtor of the obligation of restitution, to the debtor of the forced execution, and which in turn becomes the creditor of the restitution obligation. The natural consequence of the solution of admitting the return of enforced execution requires the restoration of the previous situation, which will be done in the register of the general provisions provided for in art. 1635-1649 of the Civil Code. The effective method of restoring the previous situation converges on the analysis of different civil law principles, with similar valences but different effects, especially the principle of restitutio in integrum and the principle of full repair of the damage, in the perimeter of good faith and bad faith of the debtor of the restitution obligation. In the context of the civil circuit, situations may arise, in which the main method of restitution of benefits, in kind, is no longer possible, so new practical difficulties arise in restoring the previous situation, in this framework, the incidence will be analyzed for interest - moratory damages and compensatory damages.

Medical negligence has long been in the focus of legal research in most countries. In some countries, the negligence standard has been replaced by the avoidability standard, the latter leading to a no-fault system. Nonetheless, most legal systems apply the negligence standard. In my opinion, the negligence standard should be sustained because, despite the undoubted advantages of the no-fault system, the 'good old law' on medical negligence promotes greater legal certainty and patient safety. Criminal medical negligence differs from civil medical negligence as regards onus, as well as in other ways. In the UK, many lawyers and physicians have protested against the legal practice of gross negligence manslaughter, an effort which may also serve as an example for other countries. In most continental European countries, the enforcement of a foreign punitive damages judgment would run counter to the ordre public; however, in some countries, such as in France and Hungary, a punitive damages judgment might be enforced.

The subject of this paper is damages as a result of the unlawful termination of the employment. Labour Law of the Republic of Serbia does not define damages in case of unlawful termination of the employment in the event the employee does not return to work, as the compensation. This is why the question of the legal nature of damages in the theory and case law of the Republic of Serbia is raised. Amended Labour Law of 2014 is ambiguous when it comes to whether the employee who does not return to work is entitled to damages for lost earnings and social security contributions belonging to the employee who does return to work, also as a consequence of the unlawful termination of the employment. To be more specific, the law itself does not prescribe cumulatively damages for the event when employee does not return to work, as it is defined by the legislation of the United Kingdom as the compensation institute. By comparing Labour law of Republic of Serbia with legislation of the United Kingdom, we come to the conclusion that damages in our law in the event the employee does not return to work should be defined as compensation, thus allowing more efficient protection of employees which is one of the main goals of labour law.