Comparative study of the rules for determining direct contractual and non-contractual damages in the legal system of common law and Iran

Document Type : Academicm and Research

Authors

1 Associate Professor of the Faculty of Law, University of Qom.

2 Graduate of Master's degree in private law, University of Qom.

Abstract

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, includ-ing 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 in-vestigation: the ability to predict loss in both contractual and non-contractual liability is the main criterion in Iranian law and common law.
 

Keywords

Main Subjects

References

Persian Sources
Ansari, Reza, Mobin, Hojjat, 1390 "The theory of imputability in civil liability law", a comparative study in Imami jurisprudence and French law, Comparative Law Research Quarterly, Vol. 1
Allameh Hali, 1418 A.H, Al-Qaa'eem Al-Ahkam, Islamic Publications, Taba Al-Awli, Qom, vol. 2
Bariklo, Alireza, 1385, Civil Responsibility, first edition, Tehran: Mezan Publishing
Chowdaran, Leila, 2014 "The condition of direct loss in civil liability", master's thesis, supervisor: Dr. Abbas Ali Daghi, private law, Faculty of Law and Political Science, Kashan
Ghamami, Majid, 2008, "Predictability of loss in civil liability", doctoral thesis, supervisor: Dr. Nasser Katouzian, private law, Faculty of Law and Political Science, Tehran
Ghasemzadeh, Seyyed Morteza; 1378, Basics of Civil Liability, first edition, Tehran: Dadgstar Publishing
Hosseini Ameli, Mohammad Javad, 1419-1420 A.H, Miftah al-Karamah, Islamic Publishing Institute, vol.6
Katouzian, Nasser; 1390, general rules of contracts, 6th edition, vol. 4, Tehran: Sohami Publishing
Katouzian, Nasser; 1374, non-contractual requirements (compulsory guarantee), civil liability, first edition, vol. 1, Tehran: University of Tehran
Kazemi, Mahmoud, Zarei, Ali, 1401 "The nature and basis of contractual responsibility; A comparative study of Islamic and French law" Quarterly Journal of Comparative Law of Islam and the West, Vol. 3
Kashif Al-Ghita, Sheikh Hassan, B. Ta, Anwar Al-Faqaheh (Book of Al-Ghasb), Kashif Al-Ghita Al-Ame School, Vol. 1
Mohagheg Karki, 1414 AH, Jame al-Maqasad fi Sharh al-Qasas, Al-Bayt Institute, second edition, Qom, vol. 6
Mousavi Khoi, Seyyed Abul Qasim, B. Ta, Basics of Al-Manhaj Talk, Institute for the Revival of the Works of Imam Al Khoi, Vol. 2
Najafi, Sheikh Mohammad Hassan, 1362-1981, Javaher Al-Kalam, Dar Ahya Al-Trath Al-Arabi (Beirut, Lebanon), seventh edition, vol.37
Safai, Seyed Hossein, Rahimi: requirements outside the contract. 1398 Tehran: Samit Publishing House
Shaheed Thani, 1413 AH, Masalik al-Fahm, Institute of Al-Maarif al-Islamiyya
Send comment about this article
CAPTCHA Image
Comparative Studies on Islamic and Western Law
Volume 12, Issue 3 - Serial Number 45
September 2025
Pages 205-228

Files

Share

How to cite

Statistics