Volume 29, Issue 2 (2022)                   AIJH 2022, 29(2): 75-91 | Back to browse issues page

XML Persian Abstract Print


Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:

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
Department of Private Law, Farabi Campus, University of Tehran, Qom, Iran , smyasrebi@ut.ac.ir
Abstract:   (1049 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.
 
Full-Text [PDF 556 kb]   (356 Downloads)    
Article Type: مقالات علمی پژوهشی | Subject: Arts and Humanities (General)
Received: 2021/05/16 | Accepted: 2021/08/7 | Published: 2022/06/27

Add your comments about this article : Your username or Email:
CAPTCHA

Send email to the article author


Rights and permissions
Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.