خلاصة:
Pure economic damages are not damages to the purpose or benefit of a property. Rather, the funds that can be acquired are lost and damaged as a result of intentional behavior (violation of contractual obligations) or negligent actions (non-contractual liability), causing damage to the third party or contract party. One of the most challenging issues related to this type of loss is the ability to compensate for the damages caused by the damage. Therefore, the question raised in the current research is, on what principles can pure economic losses be compensated? According to the traditional theory of civil responsibility and economic analysis of rights, pure economic damages cannot be compensated. But the available reasons and documents indicate that based on the principles of economic analysis of civil liability, pure economic damages can be compensated. One of the important pillars of economic analysis is civil responsibility, deterrence and economic efficiency. Therefore, another question is whether the compensation of purely economic losses based on the economic analysis of civil liability leads to the creation of economic efficiency or not? The present research using the analytical-descriptive method has shown that creating an optimal level of economic efficiency and favorable conditions in the welfare and economy of society is one of the direct results of compensation for pure economic losses based on the economic analysis of civil responsibility.
ملخص الجهاز:
Compensation for Pure Economic Loss from the Perspective of Economic Analysis of Civil Liability Mehrab Darabpour Fatemeh Sheikhi Dehchenari Date of Receipt: 2023/05/02 Date of Acceptance: 2023/09/25 Abstract Pure economic loss is not damage to the substance or interest of a property; rather, it is the lost recoverable amounts that constitute the loss which, as a result of breach of contractual obligations or non-contractual liability, will cause harm to a third party or a party to the contract.
Pure economic loss, economic analysis, civil liability, compensability of damages, economic efficiency Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran info@drdarabpour.
Creating an optimal level of deterrence, appropriate risk distribution, and economic efficiency are central results of compensating losses based on the economic analysis of civil liability.
Despite the concept of the principle of full compensation and compensation for damage arising from breach or non-performance of an obligation, Article 221 of the Civil Code states: "If someone undertakes to perform an act or undertakes to refrain from performing an act, in case of default, they are liable for the damages of the other party; provided that the damage is explicitly stated or the obligation, customarily is considered as - Iranian law is not unfamiliar with the concept of economic loss and its compensation.
For example, one could take a new look at the causal relationship in the traditional rules of civil liability, or consider pure economic losses among the types of damages caused to property or the bodies of persons that are compensable.
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