Mohammad Roshan; aliakbar jafari; Mojtaba Jahantighi
Abstract
In recent section of previous civil procedure law (article 728) was mentioned that damage can be caused by destruction of property or can be generated by loss of profit which was resulted by performing of an obligation. This verdict put an end to all conflicts about loss of profit and gave right to creditor ...
Read More
In recent section of previous civil procedure law (article 728) was mentioned that damage can be caused by destruction of property or can be generated by loss of profit which was resulted by performing of an obligation. This verdict put an end to all conflicts about loss of profit and gave right to creditor to his definite deprivation benefit beside property casualty and increase of his debts. After Islamic revolution and constitution passage in 1358, According to the forth principle: "All civil, penal, financial, administrative, cultural, political law and other ones should be based on Islamic principles." This important principle emphasized that all provisions should be Islamic. Legislator a long time after the Islamic revolution in second waver of article 515 of civil procedure law approved in 1379 that regularly should be constructed on jurisprudence noted that: "loss of profit cannot be demanded" and accordingly generated a profuse conflicts among scientists. In this essay we want to say that all reasons in irreparability of loss profit can be refuted and vice versa, there are many reasons against first viewpoint. As a result legislator deduction from jurisprudence resources was not correct. Accordingly not only second waver of article 515 civil procedure law approved in 1379 is contrary to the constitution especially forth principle, but also it does not have compatibility with jurisprudence basis, consequently its reform is requisite.
