The Principle of the Possibility of Compensation of All Damages

Subject Areas : All jurisprudential issues

Mehdi khadem Sarbakhsh ¹ , Hedayatollah Soltani Nejad ²

1 - مسؤول مکاتبات
2 - ندارد

Received: 2015-01-20 Accepted : 2015-03-11 Published : 2013-11-22

Keywords: Compensation, Tort law, Damage, The customary system of damage,

Abstract :

One of the basic principles of civil liability law accepted by some jurists and legal systems is “The Principle of the possibility Compensate for the Loss” or “the Principle of the Principle of the possibility of compensation of all damages.” This principle, accepted in French law and widely welcomed in Iranian law doctrine, is not older than a century and encounters much denial and doubt in many legal systems.In religious jurisprudence, too, many jurists have supported this principle and on the basis of “The Rule of No Loss” have considered it a definite religious principle. On the contrary, some famous religious jurists have shown disagreement with this principle and have not accepted it. This article concluded that although “The Principle of the Necessity to Compensate for All Losses” cannot be considered a definite religious one, accepting it does not face any religious hurdles.