Paper Information

Journal:   MAJLIS & RAHBORD   SUMMER 2016 , Volume 23 , Number 86; Page(s) 69 To 94.
 
Paper: 

CIVIL LIABILITY ARISING FROM LOSING THE CHANCE

 
 
Author(s):  BAHARI ARDAKANI ABOLFAZL, SALIMIAN ABALFAZL
 
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Abstract: 

Sometimes due to the fault of another, a "person" losses the chance to obtain the benefit or avoid the future loss, so that the mere loss of chance is considered as direct damage and not to compensate this such chance has a corrupt consequence and is against fairness, then increases the other acts of guilt in which its compensation cause to avoid such acts. The loss of chance is discussed in both matters of civil liability and contractual affairs; each of them (civil and contractual liability) can apply as avoiding the loss or obtaining the benefit. This is not yet clear in Islamic jurisprudence and domestic law. Of course in Islamic jurisprudence by accepting the loss compensation due to indisputable loss of profits and make a risk, this theory has been applied to some sort. In objective law this responsibility is accepted in contracts such as Bailment of a Capital, Reward and Article 6 of civil responsibility law, but it cannot obtain a rule in the. The main question of this research is that whether the damage caused by the lost chance is irreparable or not? The hypothesis of this research appears that the opportunity death of obtaining benefit or avoid the loss cause the responsibility. The findings of this research show the responsibility of the lost chance and opportunity including civil responsibility in a strict sense on one hand, and the other hand it includes contract responsibility. So it is obvious that fundaments of each of these responsibilities should be compensated for the fulfillment capabilities, otherwise, there is so doubt in non compensation of such loss due to not come to pass the fundaments of these two responsibilities.

 
Keyword(s): LOSING THE CHANCE, OBTAINING BENEFIT, AVOIDING FROM LOSS, CIVIL RESPONSIBILITY, CONTRACT RESPONSIBILITY, COMPENSATING A LOSS
 
References: 
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