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  1 - Legal and Jurisprudence Examination of Damages Caused by Lack of Profit
  amin najafian mansoore darabi
  10.30495/jcld.2023.1978042.1042
  Lack of profit is one of the types of damages that sometimes due to the breach of the promise of the obliged person and sometimes due to the act or omission causes loss, has many effects on the economic fate of the person. Damages caused by doubtless lack of profits are More

  Lack of profit is one of the types of damages that sometimes due to the breach of the promise of the obliged person and sometimes due to the act or omission causes loss, has many effects on the economic fate of the person. Damages caused by doubtless lack of profits are enumerated as losses. Harm is a customary title, and custom also considers certain lack of profit as one of the evidences of harm. The most important jurisprudence reason to prove the necessity of compensating the lack of profit is adherence to general principles and rules, such as: the basis of the wise and the rule of La-Zarar and the lack of profit is also included in the application of La-Zarar. Article 267 of the »Civil Procedure Law« also does not consider the lack of profit to be claimed; but it seems that it is possible to present an interpretation in accordance with the general principles and rules and considers the Articles of the »Civil Procedure Code« to uncertain lack of profit and the article 9 of the »Criminal Procedure Code «to certain lack of profit and separates definite and non-definite lack of profit from each other. Some experts consider lack of profit as damage, so they consider its compensation necessary. Mutually, some others do not consider lack of profit as damage. Damages caused by breach of contract can also be claimed and the most important reason for the possibility of obtaining contractual damages is that in fact, such damages are lack of profit and just as it is possible to claim damages caused by lack of profit, it is possible to verdict on the necessity of compensation in different ways. Manuscript profile