Damages for Lost Profits in Iran's Jurisprudence and Law and its compatibility with Vienna Convention 1980

Subject Areas : Private law

hossein ahmari ¹ , parviz zokaeian ²

1 - واحد مشهد
2 - واحد چالوس

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: principle of no harm, Property, convention, Loss, bearing no interest,

Abstract :

A person who sustains a loss can be corporal damage of a moral one. Corporal damage is divided into two kinds: A) to lose the existent property B) To strengthen the profit which is the same as bearing on interest, and it is known in law text as preventing to find a profit that its appropriate has already been obtained. There are different opinions among Islamic jurists and jurisprudents about damage of bearing on interest, and even, there exists this difference in the note 2, article 515 procedure law public and revolution courts in civil affairs and article 9 procedure law of public and revolution courts in penal affairs to the extend that it has caused to understand differently among jurists about this point that is has caused to understand differently among jurists about this point that article 9 has been abolished by article 15, but the reality is that note 2, article 515, is a probable negating no interest and not a certain one. Article 74, convention of 1980 confirms that the loss of bearing no interest which is certain, is demandable clearly.