A Comparative Study on the Theoretical Foundations, Objectives and Practices of Compensation in Civil Liability; in Iranian, French and British Laws
Subject Areas :
Ahmad
Mirzaei Garmi
1
(Department of laws, Islamic Azad University of Ardebil, Ardebil, Iran.)
Alireza
Lotfi Dodaran
2
(Department of laws, Islamic Azad University of Ardebil, Ardebil, Iran)
Mozaffar
Bashokouh
3
(Department of laws, Islamic Azad University of Ardebil, Ardebil, Iran.)
Keywords: comparative study, compensation, Civil liability, Iranian Law, French and English Law,
Abstract :
The most important purpose of civil liability is compensation, but examining the theoretical underpinnings of compensation is the introduction to the discussion of compensation for loss. However, the principle of bindingness for compensation, as one of the fundamental principles of civil liability law, has been accepted in Iranian law by some jurists and legal systems, including France and the United Kingdom. However, each of the aforementioned legal systems has adopted different approaches to achieving such a goal. On the contrary, the Iranian legislator did not have a clever and systematic view of civil liability and its objectives, and has not established a coherent system, so that neither the conventional theories nor the judicial procedures in Iranian civil liability law are in line with nature of compensation. Therefore, in this article, in a descriptive-analytical and comparative approach, theoretical foundations, goals and methods of compensation are reviewed, to help establishing a proper civil liability system and remedy legal gaps in the proper implementation of the provisions on compensation in Iranian legal system.
_||_