Volume 29, Issue 2 (2022)
AIJH 2022, 29(2): 75-91 |
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yasrebi S A. Comprehensiveness of No Harm Rule in Absentia Judgment and Compensation. AIJH 2022; 29 (2) :75-91
URL: http://aijh.modares.ac.ir/article-31-51711-en.html
URL: http://aijh.modares.ac.ir/article-31-51711-en.html
Department of Private Law, Farabi Campus, University of Tehran, Qom, Iran , smyasrebi@ut.ac.ir
Abstract: (1926 Views)
The paper deals with the comprehensiveness of principle of prohibition of detriment in the situations of lack of rules and mitigation of damage. The no-harm/damage rule is one of the most important jurisprudential rulings that are used in all juridical sections and researches. There is no doubt that harmful verdicts can be removed through this rule. But if damage is caused due to not rendering of judgment, there is disagreement about making up a judgment according to this rule. Obligation for making good a loss is a mental issue and reason does not make difference between existential and non-existence affairs. Moreover, by referring to the custom, it is understood that the obligation of compensation of affairs is uncommon. The contents of the law of damage are also related to the reality that any kind of damage, whether existential or else, must be compensated.
Article Type: مقالات علمی پژوهشی |
Subject:
Arts and Humanities (General)
Received: 2021/05/16 | Accepted: 2021/08/7 | Published: 2022/06/27
Received: 2021/05/16 | Accepted: 2021/08/7 | Published: 2022/06/27
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