Document Type : Academicm and Research

Authors

• Reza Hossein Gandomkar ¹
• Fatemeh Mirzaei Arjenaki ²

¹ Academic staff member of the private law department of Qom university

² Graduated of private law، Qom university

Abstract

Civil liability, as a branch of civil rights, in its general sense, is the defendant's obligation to compensate for damages that result from the violation of contractual or non-contractual obligations.In order to compensate for damages,There are conditions which are referred to as compensable damage conditions, and one of these conditions is the direct nature of the damage.However one of the most important and controversial legal issues in civil liability law is that if a person's harmful action results in several harmful results,what kind of damages is the person responsible for the damage,whether he is the guarantor of all direct and indirect damages caused by his actions or he is only responsible for compensation for direct losses caused by his harmful actions.In legal systems,including the legal system of Iran and the common law,the agent of loss is responsible for compensating direct losses.But the question is what is direct damage and what is it the rule.Legal systems have different approaches in answering this question,some legal systems consider direct damage compensable if it is conventionally predictable for the type of people and some systems have analyzed to distinguish these two types of damage based on the theory of causation.In this research,the approach of legal systems to this issue has been investigated and the legal system of common law and Iran has been studied with an approach to Imami jurisprudence.The result of the investigation:the ability to predict loss in both contractual and non-contractual liability is the main criterion in Iranian law and common law.

Keywords

• Key words: loss
• direct loss
• predictability
• causation.contractual liability
• non
• contractual liability

Main Subjects

• Legal (Comparative Islamic and Western Law)