Analysis of definite condition for compensable loss in Iran and France

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. Methodology: 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. Results: In this regard, 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. Conclusion: 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.