Abstract:
Civil liability in law of obligations refers to a title to elaborate legal requirements for compensation of
undue losses. Compensation of undue losses requires for the conditions such as definite condition for compensable loss which is contractual liability discussed in contractual liability. According to this
condition, it must prove that a property has been destroyed and/or a benefit has lost, that is, a benefit that will bring into the owner if the harmer did not harm, because the decree for compensation of loss is not true. Under this condition in realization of liability, the theory for loss of opportunity is one of the issues discussed on definite condition for compensable loss, such that a person sometimes loses the opportunity to gain benefit or avoid loss in future due to another person's fault. It is asked whether a person affected by this issue can ask for compensation of loss with definite condition for compensable loss. In this regards, an attempt has been made in the present research to elaborate the theory for loss of opportunity with definite condition for compensable loss using descriptive and analytical method and the library method besides analysis of definite condition for compensable loss in positive laws of Iran and France. According to the investigations, the procedure in France has accepted the principle under compensation of loss considering definite condition for compensable loss. Iran's law regarding analogy of some of the articles in contractual liability law including article 6 of this law has stated that loss of an opportunity is a definite loss which must be compensated.
Machine summary:
There is no text in this context in Iran's law and also there is no judicial procedure in this context, so that long time has not passed since representation of this issue in legal works of one of the professors of law, yet it can say that today's custom has mentioned loss of opportunity as a compensable loss(Katoozian, 1996, p.
(UJSSHR) 12-19 (2015) ISSN:2382-9753 X The restrictive interpretation in favor of the accused in criminal law of Iran and England Mahmoud Rouholamini1, Alireza barkhoriMehni2*, Mohammad AminZadeh1 1Shahid Bahonar University of Kerman, Kerman, Iran 2Electronic Branch, Islamic Azad University, Tehran, Iran ABSTRACT The findings suggest that the restrictive interpretation of Iran's rights which is the result of the principle of legality of crimes and punishments, in most cases, emerges in favor of the accused.
In this research, attempt is made to achieve results about comparison of two legal systems of Iran with Roman – German methods (Civil Law) and Common Law of England by using and studying the importance and place of restrictive interpretation in favor of the accused.
Restrictive interpretation method is based on the fact that the judge pays attention to logic of law and the cases which have been mentioned expressly and concisely and infer meaning of the legislator by the words and terms and by observing the grammatical rules.
The restrictive interpretation of criminal laws is based on principle of legality of crime and punishment considering principle 36 of the Constitution.