Analizing of revocableness in relation to loss of wasted property in Shiite jurisprudence, law and precedent

Document Type : Research Paper

10.22099/jls.2014.2551

Abstract

Some of losses is doubtful  jurists and lawyers, one of them is the loss of wasting the property. In this type of loss, property of others don’t waste direct(wasting) or indirect(causation)because of other’s action; but the injured party indused to spend some of his property by himself. According to basics of imamieh jurisprodience, the ability of recoveration of this loss is possible only by “la zarar” principle if we accept that this principle proves verdict . In the  iranian law, there is no doubt in the ability of recoveration of this loss, by enacting the civil liabilty law,But this regulation in some instances of loss of wasted property has not been met with enthusiasm  by precedent, such as damages surplus the Dieh.


 
 

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