نوع مقاله : پژوهشی
استادیار گروه حقوق، دانشکدۀ ادبیات و علوم انسانی، دانشگاه گیلان، رشت، ایران
عنوان مقاله [English]
According to the undue enrichment rule, a person is not entitled to be enriched by another detriment without a Legal cause . The first issue that arises is the existence and scope of the rule in commercial law due to the differences in this field in Iranian law. Another issue is that due to the adherence of business issues to certain principles and standards, is there a difference between trade and non-trade in terms of nature and basis and undue enrichment? The analysis of these cases is necessary to enable the correct identification of instances of undue enrichment in business matters. The research method is descriptive-analytical and the library method has been used to collect research data. The most important result is that there should be no doubt about its existence in commercial law, because there are cases that only comply with this rule. Also, the rule in commercial law has a complementary and secondary aspect and it should not be applied in a way that disrupts the structure of the legal system. In terms of nature, although there is no difference between undue enrichment in trade with others, but in terms of how to enrich it, there are differences in the cases that must be considered in order to achieve it. The basis of the rule in commercial law, in addition to the aspect of compensation from the damaged party, there is also the protection of the macro interest of commerce. Moreover, a lawsuit for undue enrichment in commercial affairs is a civil lawsuit and its conditions must be met according to the evidence of a civil lawsuit, so it is beyond the jurisdiction of commercial courts. Nevertheless, it is better to include these matters in the relevant regulations in the jurisdiction of these courts.