نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه فقه و مبانی حقوق دانشکده الهیات مجتمع آموزش عالی شهید محلاتی، قم. ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The issue of compensating damages arising from loss of profit has long been one of the enduring and complex challenges in Imamiya jurisprudence and the contemporary Iranian legal system, particularly within the context of legal relations among institutions and organizations. With the expansion of economic interactions, organization-centered contracts, and institutional obligations, the importance of this issue has increased significantly. This article aims to provide a critical and comparative analysis of the possibility of compensating this type of damage within the frameworks of Imamiya jurisprudence and Iranian law, focusing on the capacity of principles such as la darar (no harm), causation (tasbib), direct liability (itlaf), rational practice (sirah al-‘uqala’), and the ruling of reason. First, the conceptual definition of “loss of profit” and its relationship with the notions of “material damage” and “probable harm” are examined. In the jurisprudential section, through a documented and comparative analysis of both dominant and non-dominant views among Imamiya jurists, it is demonstrated that although the prevailing opinion denies liability for the deprivation of benefits, reliance on the aforementioned jurisprudential principles allows for the defensibility of accepting jurisprudential liability in specific cases—particularly where the benefit is definite and reasonably expected. Subsequently, in the comparative section, Roman–Germanic legal systems, Common Law, and international instruments such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) are examined, and their capacities to reinforce the jurisprudential and legal foundations are analyzed. The article’s originality lies in its systematic rereading and clarification of the capacities of jurisprudential principles to address legal gaps in the field of organizational liability and to reconstruct the theory of liability for loss of profit. The conclusion is that rethinking the interpretive principles of Imami jurisprudence and modernizing the law of civil liability can provide a basis for regulating fair relations within organizations and for enhancing contractual justice and institutional trust in the Iranian legal system.
کلیدواژهها [English]
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