نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد تمام دانشگاه تهران (دانشکدگان فارابی)
2 گروه حقوق دانشگاه علوم اسلامی رضوی-مشهد مقدس-ایران
3 دکتری فقه و مبانی حقوق اسلامی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
in the jurisprudence and legal system of Iran, compensation for damages resulting from breach of contract is one of the important and challenging issues. The rule of loss (Itlaf) is one of the important rules in this area, which is recognized in Imami jurisprudence as one of the causes of strict liability. However, invoking this rule in contractual damage compensation faces challenges. This article explores these challenges and discusses different perspectives on the rule of loss, including the explicit and implicit views. Additionally, it examines the basis of the rule of loss in Imami and Sunni jurisprudence, as well as the approach of Iranian law and other legal systems towards this rule. The research concludes that the rule of loss is a general principle accepted in Imami and Sunni jurisprudence, as well as in various legal systems. This rule is based on rational and customary foundations and can be applied in various situations, including contractual damage compensation. Furthermore, this rule encompasses any harm or loss inflicted upon another party. However, when invoking this rule in contractual damage compensation, its conditions and limitations must be considered.
Keywords: Rule of Loss, Contractual Liability, Damage Compensation, Fault, Strict Liability
کلیدواژهها [English]
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