مطالعات فقه و حقوق اسلامی (Aug 2021)

recovable of pure economic loss arise on breach of the contractual obligations The comperative study in the commercial contractual law and religious jurisprudence of Islam and Irania law

  • Ruhollah Moradi,
  • Hasan Badini,
  • Abbas Karimi,
  • Teyeb Afsharnia

DOI
https://doi.org/10.22075/feqh.2019.18660.2191
Journal volume & issue
Vol. 13, no. 24
pp. 411 – 438

Abstract

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A kind of contractual damages is contractual pure economic loss or death of contractual interests. In the law of vestern countries, regarding to principl full compensation damags and because creating of expectory interst and reliance interst promisee, recovable of pure economic loss is admitted. But inverse, Legislator of IRAn in Waver of 522 Article of civil procedur law is not adimited capability of pur economic loss. Regarding to term of this article can said that death of contractual interests is inclusive this rule and is not recovable; But because ressitance of this rule to international commercial custem and usage, in thia article is try similar to usage in the vestern countries and international codes is explain necessity of revocable and display councurrent interpretation of 522 Article of civil procedur law; Because According to opinion of author, this kind of damages is related to violated undertaker and is related to her act and therefor ther are elementa of responsibility in the cases and is recovable.

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