Özet:
According to the rule of mitigation of loss, the aggrieved or injured party should not simply watch the damage, but must take all the normal, reasonable and necessary measures to reduce the damage; otherwise, he will not have the right to claim revocable damages from the defendant. Various ideas have been presented about the basis of this rule. Some jurists and courts consider the basis of this rule on cause and effect and equate it with the theory of contributory negligence. Others believe that the basis of the mentioned rule should be sought in the theory of the predictability of the losses. The principle of goodwill is also mentioned as another basis of the rule of mitigation of loss. In United Kingdom law, the basis of this rule has an economic basis, and economic efficiency is the main factor in the expansion of the rule in the Common law and international trade. In Islamic law, Qa’id-e Iqdam[1] is one of the principles that can be proposed. In this paper, in order to deduce the validity of the rule of mitigation of losses, the basics of reducing the damage and the duty to mitigate losses in Iranian law are examined.
[1]. The rule of action; According to the scholars of fiqh, “Qa’id-e Iqdam” is a rule according to which if someone takes an action in his property that is to his detriment, no one else will have any civil liability for this action, nor have any liability in his favor
Otomatik Özet:
In Iranian law too, some legal scholars have considered the causation relationship as the basis of the rule of mitigation of damages and have stated that whenever the victim, despite the possibility of preventing the occurrence of damage or its expansion, in this context has not taken any action, the defendant is not liable; because in this case, the cause of the damage is the obligee themselves (ibid: 76).
In Iranian law, no general rule has been explicitly established regarding the victim's fault; however, in cases of contributory negligence, except in instances where the victim is the stronger cause (Article 332 of the Civil Code), both parties shall be jointly liable.
The most important effect of civil liability is the obligation to compensate for the damages incurred by the injured party; however, this obligation is sometimes exceptionally removed; as in Islamic law, based on the rule that damage caused by the fault of the actor and the action of the victim itself is not compensable.
Maritime and Clause 3 of Article 4 of the Civil Liability Law, it can be said: this general duty exists for every victim to prevent the occurrence and expansion of the scope of damages; and an insurance or fire contract does not have a special characteristic that requires a specific ruling.
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